• DEPARTMENT OF HIGHWAYS 
 
 ROAD RED BOOK 
 
 OF THE 
 
 Bureau of Town Highways 
 
 1910 
 

 
 
 
 
 
 
 
 . 
 
 
 
 
 
 
 
 
 
 
 
 
STATE OF NEW YORK 
 STATE HIGHWAY COMMISSION 
 
 BUREAU OF TOWN HIGHWAYS 
 
 BULLETIN No. 1 
 
 Containing Practical Suggestions and Directions to 
 Highway Officers Relating to the Construction, 
 Improvement, Repair and Maintenance of 
 Town Highways and Bridges, the High= 
 way Law of 1 908, as Amended, 
 and the Motor Vehicle Law 
 
 BY 
 
 FRANK D. LYON 
 
 Deputy Commissioner 
 
 January, 1910 
 
 ALBANY 
 
 J. B. LYON COMPANY, STATE PRINTERS 
 
TABLE OF CONTENTS. 
 
 PAGE. 
 
 Agreements 100 
 
 Berm ditches 16 
 
 Bridges, suggestions 58 
 
 Collection of taxes against state lands 105 
 
 Complaints 99 
 
 Concrete slabs 45 
 
 Cultivation of crops within the bounds of the highway 97 
 
 Culverts and short span bridges 29 
 
 Drainage 15 
 
 Gravel for surfacing 26 
 
 Highway bridges 47 
 
 Highway law 145 
 
 I beams on culverts and short span bridges 46 
 
 Injury to highways and bridges 94 
 
 Inspection 56 
 
 Inspection of wooden bridges 57 
 
 Inventory of tools, implements and machinery 93 
 
 Location and grades 13 
 
 Maps 7 
 
 Maintenance of earth roads 11 
 
 Mechanical power for highway work 67 
 
 Organization 6 
 
 Organization of forces 60 
 
 Prefatory note 3 
 
 Removal of obstructions caused by snow 82 
 
 Boad honing or rut scraping 70 
 
 Boad machinery 64 
 
 Rules and regulations, county superintendents 107 
 
 Buies and regulations, supervisors 135 
 
 Buies and regulations, town clerks 142 
 
 Buies and regulations, town superintendents 118 
 
 Side ditches 16 
 
 State standards 28 
 
 Stock plans 56 
 
 Stone crushers 163 
 
 Surfacing earth roads 24 
 
 Town highways and bridges 6 
 
 Town patrolman 80 
 
 Underdrainage 1^ 
 
 Uniform system of town accounts 63 
 
 Value of highway improvement ** 
 
 Wide tires 166 
 
 2 
 
PREFATORY NOTE. 
 
 The highway system of the State of New York entered upon a 
 new epoch in its history with the introduction of the Highway 
 Law on January 1, 1909. This law did more than to revise and 
 codify already existing laws. By it were originated entirely new 
 methods of State, county and town administration of highway 
 affairs. By it a unity of central authority and supervision with 
 local control and responsibility was accomplished. This was 
 effected by creating a State Highway Commission with full power 
 to aid, supervise and direct the local officer in administering high- 
 way affairs in his locality on the one hand, and on the other by 
 retaining in the local officer all his powers and responsibilities in 
 respect to local conditions and the expenditure of town and county 
 funds. By it was outlined a comprehensive system of trunk 
 highways and means provided for their construction at the sole ex- 
 pense of the State. By it was outlined a system of county 
 highways to be constructed by the State at the joint expense of the 
 State, county and towns. By it the antiquated and ineffective 
 labor system of taxation for town highway maintenance was 
 entirely abolished and the present money tax system instituted. 
 Provision was made for the supervision of not only the work of 
 local officers charged with the care of the highways, but also of 
 those in charge of raising, keeping and expending the moneys to 
 pay therefor. 
 
 The interests of the town and county in the construction of both 
 town and county highways have been amply protected by the dif- 
 ferent safeguards providing for the awarding of contracts and the 
 State’s supervision of their execution, and by a system of uniform 
 accounting of all moneys raised for highway, bridge and miscel- 
 laneous purposes and the proper audit thereof by representatives 
 of the State Highway Commission. 
 
 This volume deals purely with the Bureau of Town Highways 
 and its work and in its preparation no attempt has been made to 
 enter into any questions relating to any portion of the highway 
 work which is not directly connected with the Bureau of Town 
 Highways. 
 
4 
 
 In the following pages will be found the matter embodied in the 
 different pamphlets which have been issued by this Bureau from 
 time to time, consisting of directions for the guidance of the 
 various town and county officers, the construction of culverts and 
 short span bridges, the location and drainage of highways, the 
 use of snow rollers or packers in the removal of obstructions caused 
 by snow, hints upon construction of earth roads under different 
 conditions with sundry cuts illustrative thereof, and various other 
 articles and papers directly bearing upon the work of this Bureau. 
 
 S. Percy Hooker, Chairman, 
 
 T. Warren Allen, 
 
 Robert Earl, 
 
 Commissioners. 
 
 Albany, December 1, 1910. 
 
VALUE OF HIGHWAY IMPROVEMENT. 
 
 
 The value of good roads can scarcely be over-estimated. The 
 State, county and town cannot attain to their full share of pros- 
 perity until each and every mile of the eighty thousand miles of 
 highway in the State have been repaired and improved. The 
 amount of travel which each highway or section thereof is called 
 upon to carry, naturally and necessarily governs the required 
 time, attention and necessary outlay therefor. 
 
 Steam and trolley railways will not and cannot take the place 
 of public thoroughfares. The construction of such railways simply 
 creates a demand for good roads. The distinction between good 
 roads and bad roads implies that the communities through which 
 they pass are progressive or dormant, prosperous or non-prosperous, 
 enjoyable or unpleasant. 
 
 The proper maintenance, repair and improvement of public 
 highways is dependent upon skill, experienced direction and an 
 efficient system. A problem not easy of solution has been to devise 
 means so that the towns of the State, either by an appointive or an 
 elective system, can secure men of the right character to take 
 charge of work of this importance; and when once appointed or 
 elected, there should he no disposition on the part of the authori- 
 ties of the town to demand a change on account of personal pique 
 or for any other reason excepting malfeasance or misfeasance in 
 office. Permanency in office is an essential. In towns, local men 
 have been selected, who necessarily must gain their knowledge at 
 the expense of the town. The best man obtainable, regardless of 
 political affiliations, should he elected or appointed as town super- 
 intendent. He should be a man of good practical judgment, cap- 
 able of laying out the work, and of handling and directing men. 
 He should make a careful study of the principles of roadmaking 
 and the local conditions in order that the best results may be 
 obtained. Citizens of a town should always bear in mind the fact 
 that the proper education of a good town superintendent is an 
 expensive matter and that when a town has a good superintendent, 
 well educated in road building methods, it is extremely poor 
 
 5 
 
6 
 
 economy to discontinue his services and undertake the educa- 
 tion of a new man. Drainage, grading, crushing stone, the 
 selection, hauling, and handling of stone and gravel, the method 
 of placing these materials on the road, all suggest the many 
 details which tend to economical and good results. 
 
 Good roads are important to the financial, social, and educa- 
 tional welfare of any community and any enumeration of their 
 advantages is likely to include all the benefits. The principal 
 advantages of good roads are as follows: They decrease the cost 
 of transportation; they permit the cultivation of crops not other- 
 wise marketable; they give a longer time for the marketing of 
 crops; they permit marketing to be done when prices are most 
 favorable ; they give a wider choice of marketing places ; they tend 
 to equalize railroad traffic; they tend to equalize mercantile busi- 
 ness between different seasons of the year ; they permit more easy 
 intercourse between residents of rural communities and also be- 
 tween rural and urban populations; they facilitate the consolida- 
 tion of rural schools and the rural free delivery system. 
 
 As a result of the new law it became necessary for the Commis- 
 sion to prepare various directions, suggestions, and information 
 for the guidance of officials who are to be in direct charge of the 
 work and of the funds. In general the results have been extremely 
 gratifying. Mistakes have been made and errors have occurred 
 but these are not nearly as great in importance or number as 
 might have been reasonably expected from so radical a change as 
 was made by the introduction of the new system. With each suc- 
 ceeding month the work becomes more and more systematized and 
 the machinery runs more smoothly, and there is every reason to 
 believe that in the very near future, the hopes of the originators 
 of this system will be fully realized. 
 
 ORGANIZATION. 
 
 The organization of the Bureau of Town Highways is as 
 follows : 
 
 First. — The second deputy in charge. 
 
 Second. — An assistant to the second deputy. 
 
 Third. — Ten district supervisors, each of whom is assigned to 
 a subdivision of the State defined and known as a district, and 
 comprising from four to seven counties to each district. 
 
 Fourth. — In accordance with the provisions of law, fifty-seven 
 county superintendents appointed by the respective boards of 
 supervisors. 
 
7 
 
 Fifth. — Nine hundred and thirty-four town superintendents 
 elected by the towns. 
 
 Sixth. — The 934 supervisors of the respective towns of the State 
 who by law are the custodians of the town highway funds, to which 
 is added the money paid by the State as State aid, and who are 
 required to pay -out these funds upon the written order of the town 
 superintendent. 
 
 Seventh. — The other members of the town boards in conjunc- 
 tion with the supervisor and town superintendent in entering into 
 an agreement as to the proper expenditure of the highway moneys. 
 
 MAPS. 
 
 Soon after the organization of the Bureau it became apparent 
 that a comprehensive system of maps, either by county or towns, 
 would ultimately become a prime necessity in the proper conduct 
 of the work. Accordingly it was determined to prepare a series 
 of town maps covering the entire State. Draftsmen were employed 
 and the work has been progressed during the past year to the 
 extent that about one-half of the primary work is completed. 
 This system when completed will be found valuable in keeping 
 a record and designation of highways, bridges, sluices and cul- 
 verts and the condition of the same, repaired and improved or to 
 be repaired and improved, and will enable the department and 
 the different county and town officers to keep closely in touch 
 with the progress of all affairs relating to highway improvement 
 in each of the different towns. 
 
 The completed maps show the character of all portions of roads 
 in each town, also the kind and class of construction of bridges, 
 sluices and culverts. Legends have been adopted by means of 
 which are shown the exact character of every piece of work, 
 whether State or county macadam, town macadam, gravel, or earth 
 which have been only shaped and crowned or which have not been 
 shaped or crowned or otherwise improved. Legends have also 
 been prepared which show the character and construction of every 
 sluice or culvert and as improvements or changes are made, from 
 time to time, these maps are to be corrected in accordance there- 
 with so that they may furnish at all times a complete and ac- 
 curate record of the character of the different improvements as 
 made. The cut on page nine is representative of a quarter sec- 
 tion of a town. It will be noticed that in accordance with the 
 legend State, county and town macadam highways are shown, also 
 
8 
 
 town gravel roads and town roads which have been shaped and 
 crowned. At the intersection of every highway the elevation above 
 the sea is indicated by figures. All buildings are located. It will 
 be seen that the plan is adopted of naming the highways and 
 numbering the culverts and bridges, a single circle indicating a 
 culvert and a double circle indicating a bridge. By reference to 
 the legend it will be easy to determine the class or kind of con- 
 struction. The plain circle, either single or double, indicates the 
 fact that at some future date it will be necessary to replace such 
 bridge or culvert in accordance with the rules and regulations of 
 the Commission. 
 
 A portfolio containing the towns of each county will be retained 
 in the Albany office and a portfolio containing each town of each 
 county will be forwarded to the county superintendent and single 
 sheets of each town will be furnished the supervisor, town super- 
 intendent and town clerk and the other members of the town 
 board upon request. 
 
 It is the plan as soon as these maps are completed and the 
 system fully inaugurated, to confine all correspondence which has 
 reference to highways, culverts or bridges, within a town, to any 
 road by name and to any culvert or bridge by number. County 
 and town officials are particularly requested to carefully scruti- 
 nize the cut referred to, to the end that they may familiarize 
 themselves in advance with this system. 
 
 All these maps are drawn on a scale of three inches to the mile 
 and all highways are uniformly indicated one-quarter inch in 
 width regardless of scale. 
 
 * 
 
 EPO/1EOJ 
 
 <5 TATE 
 
 LEGEND 
 
 TO BE EL /Ef/ALA TEE? 
 
 goua/tt 
 
 TOWN (STONE) 
 TOWN (GRAVEL) 
 
 TOWN(SHAP£D& CROWNED) 
 
 i i ~ : . r =3 
 
 CAST /POA/ P/PL OP 
 CAST SEGT/OA/AL SLU/C£ 
 STOA/E NASO A/P V 
 OP COA/CPETE 
 
 TO BE EL/M/NATED 
 
 CULVERTS 
 
 £*z 
 
 © 
 
 © 
 
 (3 
 
 BR/OGES 
 
 /BOA/ OP STEEL 
 
 COA/CPETE NASOA/PV PBCH 
 I-BEAM OP COA/CPETE EL OOP. 
 
 ( 3 : 
 

LIBRARY 
 Ol IHf 
 
 omvERSiTr o> <• 
 
TOWN HIGHWAYS AND BRIDGES. 
 
 In accordance with the provisions of section 11 of the Highway 
 Law the duties of the deputy appointed by the Commission to 
 supervise the work under the jurisdiction of the Bureau of Town 
 Highways relates entirely to the repair and maintenance of town 
 highways and bridges and has no connection whatever with the 
 construction of State or county highways or their maintenance. 
 
 Town Highways. 
 
 The work performed under the direction and supervision of 
 the Bureau of Town Highways, relates to the repair, improve- 
 ment and maintenance of all highways of the State which have 
 not been improved as State or county highways, and at this date 
 embraces a total mileage of 79,646 of which 2,318 miles have 
 been macadamized, 8,177 miles gravelled and 53,621 miles shaped 
 and crowned. It must be noted that this improvement is in addi- 
 tion to 2400 miles of State and county roads, which have been 
 constructed under the direct supervision and authority of other 
 bureaus connected with the State Highway Department. 
 
 There was levied and collected by tax in the various towns for 
 highway purposes for the fiscal year ending October 31, 1900, 
 $2,526,612.39, on which the State was required to pay State aid 
 to the amount of $1,441,751.20. The following table shows the 
 total receipts for highway, bridge, machinery and miscellaneous 
 
 purposes : 
 
 Highway tax $2,526,612 39 
 
 State aid 1,441,751 20 
 
 Balance on hand from previous year 197,012 10 
 
 Bridge taxes 749,882 24 
 
10 
 
 Machinery taxes . $203,845 26 
 
 Miscellaneous taxes 392,142 27 
 
 Town superintendents’ salaries 504,562 63 
 
 Compensation for supervisor and town clerk. . . . 93,327 99 
 
 Total $6,109,136 08 
 
 The total value of tools, implements and machinery owned or in 
 the possession of the towns throughout the State aggregates nearly 
 $1,250,000. 
 
Genesee County. — Town Road in Town of Pavilion. 
 

 
 
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 O' 
 
 
 
 
 
 
 
 
CONSTRUCTION AND REPAIR OF TOWN HIGHWAYS. 
 
 Maintenance of Earth Roads. 
 
 The proper maintenance of earth roads, considering the State 
 at large, is unquestionably of more importance than any of the 
 problems that are solved and to be solved either in construction or 
 maintenance of more expensive roads. 
 
 At the present time for every mile of road improved by the 
 State there are more than twenty miles of town roads, and, under 
 the present plan when all roads are improved that possibly can 
 be by the State or by the State and county, there will still be more 
 than eight miles of town roads for every mile of road improved 
 as above. Therefore, the careful consideration and attention of 
 town officials are called to a study of this specific and special 
 subject. 
 
 Much has been written regarding the question of gradients, 
 standardization as to width and crown, etc., the proper concep- 
 tion of which means the placing of public highways in such a 
 condition that they may be preserved and maintained at a mini- 
 mum cost. It has been demonstrated that by the proper use of 
 road hones the minimum cost of maintenance is attained on such 
 roads as have been properly drained, shaped and crowned to a 
 standard width of twenty-four feet between ditches. 
 
 The skeptic who desires to verify the following statement is at 
 liberty to correspond with the county superintendents of any one 
 of the counties of the State that has been progressive enough and 
 had co-operation enough on the part of the town superintendent 
 to establish an ideal system of earth roads. It has been demon- 
 strated in many instances that for terms varying from one to six 
 years and under varying conditions of soil and traffic, by a syste- 
 matic use of road hones in districts varying from three to six 
 miles each, earth roads have been maintained and kept in an ideal 
 condition at an average cost of less than six dollars per mile per 
 year. If the directions contained in this bulletin which relate to 
 road honing are carefully carried out it will be noticed that a town 
 
 li 
 
12 
 
 with 100 miles of public thoroughfares can maintain and 
 keep those roads in the condition as above described, barring 
 extraordinary conditions, at an annual cost in the neighbor- 
 hood of $600 per year. If this same town received by tax and 
 by State aid $50 per mile, or $5,000, which is very common, it will 
 be noticed that in any town where the roads have been shaped and 
 crowned and properly drained, and then maintained in this manner 
 there will be an annual fund of over $4,000 available for permanent 
 improvement, such as surfacing with gravel or crushed stone. 
 
 
 
 
LOCATION AND DRAINAGE OF HIGHWAYS. 
 
 
 A country road should be thoroughly drained in order that it 
 may be kept dry; the best available material should be used; 
 great care should be taken to keep the surface smooth and free 
 from ruts and depressions, and efforts should be made to reduce 
 steep grades by cutting off the top of each hill and filling in at 
 the bottom. 
 
 Those who drive over a road can easily discover whether it is 
 a good one and whether proper care and attention has been given 
 in carrying out the suggestions for the guidance of town 
 superintendents. 
 
 A good road must be kept dry, and in order to keep it dry, 
 after proper attention has been given to drainage, the crown must 
 be preserved and all depressions filled so that it will not become 
 watersoaked ; and at no time should any part be allowed to remain 
 in such a condition that it will retain water on its surface. 
 
 This article treats of the two items which it is believed are 
 by far the most important in the construction, repair and main- 
 tenance of highways, viz., location and grades, and drainage. 
 
 Location and Grades. 
 
 One of the greatest defects, and often one of the most expensive 
 to remedy, is a faulty location. Many of the New York State 
 roads are built over the tops of the highest hills and down into 
 and out of the deepest valleys, most of which could have been 
 avoided had the roads been properly located when first laid out. 
 
 Of course, with a faulty location we have many steep grades 
 that limit the load that can be moved over the better portions of 
 a road between steep grades. A chain is “ no stronger than its 
 weakest link,” and the load from farm to market is limited by 
 the steepest grade or the poorest road over which it has to be 
 carried. The steeper the hill the smaller the load that can be 
 moved by the same amount of power. 
 
 13 
 
14 : 
 
 Accurate tests have shown that a horse which can pull on a 
 level road 1,000 pounds, on a rise of 
 
 1 foot in 100 feet can draw only 900 pounds. 
 
 1 foot in 50 feet can draw only 810 pounds. 
 
 1 foot in 44 feet can draw only 750 pounds. 
 
 1 foot in 40 feet can draw only 720 pounds. 
 
 1 foot in 30 feet can draw only 640 pounds. 
 
 1 foot in 25 feet can draw only 540 pounds. 
 
 1 foot in 24 feet can draw only 500 pounds. 
 
 1 foot in 20 feet can draw only 400 pounds. 
 
 1 foot in 10 feet can draw only 250 pounds. 
 
 A road with steep grades is usually difficult and expensive to 
 maintain, as the surface water has a greater velocity down the 
 steep grades and often seriously damages the roadway and ditches 
 during heavy rainstorms. 
 
 In a great many cases the location of the road may he improved 
 by placing it where soil conditions for drainage and surfacing are 
 better, avoiding swamps where the soil may consist of vegetable 
 matter or be otherwise unsuitable. Thus the cost of maintenance 
 may often be reduced by an improved location. Again, the un- 
 necessary crossing of hill, valley, swamp, stream or railroad may 
 frequently be avoided by giving the road a new location. 
 
 The steep grades on our country highways should be eliminated 
 as fast as the means available -will permit, starting with those 
 that are steepest and which are situated on those roads having the 
 heaviest travel. If the grades cannot be reduced to a five, six 
 or seven foot rise in 100 feet horizontally, with a moderate 
 amount of excavation at the top and an embankment at the foot 
 of a hill, it is then wiser to seek a new location and go around 
 instead of over, remembering the old saying that “ the bale of a 
 bucket is no longer when it is horizontal than in a vertical posi- 
 tion.” If possible each steep grade should be reduced to the 
 permanent maximum grade decided on by the commission, 
 division engineer or district or county superintendent with per- 
 manent drainage plan and a proper surface provided. If the 
 grade is only reduced a small amount year after year, as is 
 common practice, the roadway is annually torn up and made 
 impassable for public use. 
 
 A proper drainage plan is as essential on a hill as elsewhere. 
 The water should be turned away from the road at the top of 
 the hill, and as frequently as possible led out of the ditch before 
 
Schoharie County. — Town of Carlisle. Section of road which previous to improvement was almost impassable for several weeks 
 during the spring and always bad when wet. Two bridges necessary by reason of small brook crossing the road twice within short 
 distance. 
 

 P 0- 
 
 O T3 
 
 Schoharie County. — Town of Carlisle. Road shown on cut facing page 14 after improvement. Brook carried whole distance 
 l one side of road, track straightened and shaped with road machine. Crushed stone 10 feet wide, 10 inches to 18 inches 
 ;ep, cost $1,200 per mile. 
 
15 
 
 the bottom is reached, by building of proper culverts or sluices. 
 The practice of carrying water long distances in the ditches 
 allows it to accumulate in sufficient quantities to damage the 
 road and ditches during and after heavy rainstorms. Provision 
 should be made for the disposal of water from the rgqdside 
 ditches by carrying it through private property with necessary 
 drains wherever an opportunity exists. The crown of a road on 
 a hill should be somewhat greater than on the level in order that 
 the water may be carried to the ditches quicker, and should not 
 be allowed to run down the hill lengthwise of the road following 
 the wheel tracks, thus causing ruts. 
 
 The benefits of an improved location will be enjoyed at all 
 seasons of the year, by all persons and by future generations. 
 
 Drainage. 
 
 Among the road builders of to-day good drainage is recognized 
 as one of the most important considerations, whether the roads 
 in question be of earth or those with a surface of stone, gravel, 
 slag or other material. No subject involved in the construction, 
 repair or maintenance of an earth, gravel or macadam highway 
 is of as much importance as that of drainage. 
 
 Water is the natural enemy of any road, and best results can 
 not be obtained from the materials used, let them be what they 
 may, until the water is eliminated. This is a matter which, 
 generally, has been very much neglected — probably from a lack 
 of a clear understanding of its importance. No one item adds 
 more to the good quality of any road, and no one cause operates 
 more quickly to destroy it. If earth roads could be made so that 
 their surface should be practically impervious to water, and the 
 water beneath the surface be removed, such a condition would 
 produce really ideal roads. The soil absorbs' water easily, so that 
 it is scarcely possible to make a surface that will shed it all, 
 especially in climates where the surface is subject to periodic 
 freezing, thawing and rainfall. Roads which are excellent dur- 
 ing the summer season, when the roads can be kept intact, lose 
 the semblance of their summer and fall conditions during the 
 winter and spring months mainly because the surface is not 
 waterproof, and when a road builder so utilizes local materials 
 as to produce a roadway the subgrade of which shall be dry — • 
 either naturally or artificially — with a surface which is im- 
 pervious to water, then he has the perfect road. 
 
16 
 
 Drainage is accomplished in two ways, viz., by surface and 
 underdraining, and each in its way is vitally important. Sur- 
 face drainage is exactly what its name indicates, that is, the 
 disposition of the surplus water carried on the surface of the 
 ground, and it is accomplished usually by properly crowning the 
 roadway thus carrying the water into open side ditches which 
 must have a grade sufficient to properly discharge all waters 
 which may be carried to them. 
 
 Side Ditches. 
 
 The crown of a road upon a grade should be greater than 
 upon comparatively level surfaces, for the reason that on a grade 
 it is necessary to crown the road to an amount sufficient to cause 
 the water to flow toward the ditches instead of lengthwise of the 
 road. 
 
 Side ditches should be of such cross section that a road machine 
 may be easily used in their formation and maintenance, as when 
 so constructed they are much more easily and cheaply cleaned 
 and kept in repair. Deep side ditches, as a rule, are undesirable 
 not only because of the fact that they are difficult to maintain, 
 but it is extremely difficult to construct a deep ditch of such cros3 
 section that it does not form a constant element of danger to 
 traveling vehicles which may by accident be driven into the 
 ditches. 
 
 Berm Ditches. 
 
 Another form of surface drainage which in many places would 
 be of very great assistance in maintaining the highway, and 
 which in this State especially has been but little used, is what 
 is known as a berm ditch. This is an open ditch, usually at the 
 top of the bank, alongside the road, the object being to intercept 
 surface water coming from territory beyond the ditch, and pre- 
 venting it from soaking into or washing down the face of the 
 bank. 
 
 The sliding of banks, especially those of a clayey nature, is 
 a frequent source of trouble, and in many instances a very ex- 
 pensive one. This sliding is in nearly all cases caused by the 
 material of which the bank is composed becoming saturated with 
 water from the lands lying back of it, and by cutting off this 
 surface water by means of a berm ditch before it reaches the 
 bank, troubles of this kind are in many instances entirely 
 obviated. 
 
17 
 
 Instances are rare where it will be found necessary to dig a 
 berm ditch deeper than three feet, and in very many cases two 
 feet is sufficient. When the underlying soil is hard-pan, hard 
 clay, or any other impervious material, the ditch must be cut 
 down to, and a little way into, the hard material in order to 
 effectually prevent water passing to the face of the bank. 
 
 Underdrains. 
 
 Under very many conditions surface and subdrains are each 
 vitally necessary to first class work. The matter of surface 
 drainage as applied to side ditches is one which in recent years 
 has been quite thoroughly canvassed, and there is now generally 
 a satisfactory understanding in regard to the subject by those 
 who have to do with the repair and maintenance of highways, 
 but the matter of underdraining is one to which comparatively 
 little attention has been given, and which, without shadow of 
 doubt, has been the cause of countless numbers of failures of 
 roads which, had they been properly underdrained, would have 
 been good roads in every sense of the word. 
 
 All locations where water is present in the soil for any con- 
 siderable period of time at a depth of three feet or less from the 
 surface should be underdrained. Underdrains will keep a good 
 base upon which to build a road, and will prevent the material 
 of which the road is composed becoming softened by water 
 coming up from below through the subgrade by capillary at- 
 traction, but surface water can not reach underdrains through 
 a puddled surface, and one fact patent to every observer of an 
 underdrained road is enough to prove the necessity of close 
 attention to surface drainage, and that is this: that when by 
 any means a hole has been made and puddled by the continuous 
 action of the wheels, practically no water will pass through the 
 soil at those places. The water must be evaporated or the puddle 
 tapped by a surface ditch. Still better than this is the practice 
 of such frequent use of road hones or drags that ruts are never 
 allowed to acquire any considerable depth by means of which 
 water may be retained. The surface should receive such care 
 at all times as is necessary to keep it crowned and to drain water 
 from all portions of its surface quickly to the side ditches. 
 
 Subdrainage in very many instances lessens the cost of con- 
 struction of hard roads rather than increases it, by reason of 
 2 
 
18 
 
 the fact that on the subgrade which is properly underdrained 
 a less thickness of covering metal is required. The difference 
 in cost as between the amount of metalling required where sub- 
 drainage is not practised, and that where it is, being almost 
 universally in favor of underdrains. 
 
 Wherever water stands in the subsoil at a depth of three feet 
 or less, and in very many cases at a greater depth than this, the 
 overlying soil — that is, the portion between the water level and 
 the roadbed — absorbs water from this underground reservoir 
 by capillary attraction in greater or less degree, varying with the 
 nature of the soil, thus keeping the subgrade of the road in a 
 constantly moist and in many cases in a positively wet condition, 
 under which circumstances a very slight excess of moisture ap- 
 plied to the top in the form of rain or melting snow at once 
 produces an almost fathomless depth of mud. When properly 
 underdrained a soil never becomes excessively soft, and the 
 properly laid underdrains, by constantly removing any excess 
 of water as fast as it appears, keeps this subsoil continually dry 
 at all seasons of the year and becomes immediately an important 
 factor in the character of the road so drained. When it is re- 
 membered that a dry road is almost universally a good road, the 
 importance of the means of obtaining this very desirable quality 
 of dryness at once becomes apparent. 
 
 At different periods various means have been utilized to ac- 
 complish this matter of underdraining. Various forms of under- 
 drains have been laid, some of wood, some of stone loosely 
 placed, others of stones laid in the form of a more or less regular 
 tube, some of rocks, some of brush, etc., etc., but at the present 
 time there is no question but that this result is the most easily 
 and cheaply obtained by the use of tiles, either porous or glazed, 
 the cost being in favor of the porous tiles as they can be produced 
 more cheaply, and experience has shown that when properly laid 
 there is practically no limit to their effective life. 
 
 The outlet of such drains should consist either of glazed tile 
 or still better a short length of iron pipe to prevent injury by 
 frost, and also by reason of its greater strength it is better able 
 to withstand accident or rough usage. As regards size, tile of 
 three-inch diameter will in the great majority of cases be found 
 ample, and the instances are undoubtedly few in Yew York State 
 in which it will be found necessary to lay roadside drains of a 
 size larger than this. 
 
19 
 
 As regards location, this should be preferably at either side 
 of the road rather than under the center, not only for the reason 
 that the first cost of the laying is much less at the side than in 
 the center, but repairs, in case any should become necessary, 
 are much more easily accomplished; and experience shows that 
 such drains are equally effective whether placed under the center 
 of the road or at the side, except in special instances where they 
 may be necessary to carry off water from springs or springy 
 places occurring directly under the bed of the road. Drains at 
 one side of the road are usually found to be sufficient, and in 
 cases where one line of tile only is used it should be located on 
 the upper side of the road, the better to cut off water as it ap- 
 proaches the bed of the road from that side. The depth should 
 not be less than three feet except where it may be absolutely 
 necessary in order to procure the proper grade. Four feet is to 
 be preferred in all instances, and of such records as are available 
 the mass of testimony seems to be all in favor of a depth still 
 greater than this. Data procured from accurate observations of 
 tile laid at a depth of five feet shows a very remarkable efficiency 
 as compared with that laid at a less depth, but in the soil con- 
 ditions as generally found in the State of New York a depth of 
 from three to four feet will, without doubt, be found to be the 
 most efficient and economical, and depths other than this would 
 only be necessary where special cases were to be dealt with. 
 
 Care should be taken in the alignment of the ditches for tile 
 drains, and abrupt changes of direction avoided. Where change 
 is necessary, it should be done by an easy curve. The grade is a 
 matter of prime importance and should, if possible, be at least 
 three inches per hundred feet, although a great amount of tile 
 is laid on a grade less than this — in places it being found 
 necessary to reduce the grade to two inches and in some places 
 to even one inch per hundred feet. The bottom of the ditches 
 should be carefully smoothed and brought to a true grade pre- 
 vious to the laying of the tile, preferably by means of a line 
 stretched between grade stakes in exactly the same manner in 
 which sewers are graded, but any means which insures a correct 
 grade and smooth bottom is allowable. In laying, each tile 
 should be carefully turned until its end fits closely to that of its 
 neighbor, and the joints covered either with a piece of burlap 
 folded, or with a little strip of tarred paper, after which the 
 material excavated from the ditch is replaced — care being taken 
 
20 
 
 to tamp the first few inches carefully above and around the tile to 
 prevent any possibility of displacement. 
 
 Water enters tile drains through the joints from the bottom. 
 The amount of water entering a drain through the pores of the 
 tile is so very small as to be a negligible quantity. This may 
 easily be proved by plugging one end of a length of porous tile, 
 placing it in a vertical position, filling it with water, and observ- 
 ing the subsidence of water in the tile, which must be by seepage 
 through the body of the tile. Kainfall or other surface water 
 reaches the tile by passing downward in a practically vertical 
 course until it reaches the water table or ground water level, 
 which is the level of the bottom of the inside of the tile. Sur- 
 face water after reaching this level moves horizontally toward 
 the tile as the water next the tile enters it, and is carried away. 
 The cut on page 22 gives an accurate idea of the exact manner 
 in which this is accomplished. Iso water enters the drain from 
 the top except such as falls directly over it, and it is a mistake 
 to fill the ditch immediately above the tile with permeable ma- 
 terial such as small stones or gravel. This actually does more 
 harm than good, to say nothing of the unnecessary expense. 
 
 The benefits derived from underdraining do not cease with 
 the summer months, but its good effects are fully as important 
 during the winter months as at other seasons of the year. 
 
 The heaving of the soil which is caused by a surplus of water 
 in the soil has much to do with the unsettled condition of earth 
 roads for the reason that the soil not drained becomes com- 
 pletely disarranged, thrown out of its natural position and soft- 
 ened so that the compactness of the load-bearing surface of the 
 road is destroyed. Frost is harmless to a road where there is no 
 water beneath it, and by keeping the foundations dry the road 
 is prevented from being broken up in the spring. 
 
 A second object of underdrainage is to dry the ground quickly 
 after a thaw. When the frost comes out of the ground in the 
 spring the thawing is quite as much from the bottom, as from 
 the top. If the land is underdrained' the water when released 
 by thawing from below will immediately be carried away. This 
 is particularly important in road drainage since the foundation 
 will then remain solid and the road itself will not be cut up. 
 
 ITnderdrainage will usually prevent “ the bottom dropping 
 out ” when the frost goes out of the ground, and experiments in 
 various localities throughout the State all go to prove that by 
 
22 
 
23 
 
 thoroughly underdraining roads underlaid with quicksand or clay 
 formations, and which during the spring thaws become nearly 
 and in many cases entirely impassable, by reason of a jelly-like 
 condition, such places are entirely reclaimed and the trouble due 
 to this cause is entirely done away with simply by underdraining. 
 After a section of road of the above-described character has been 
 thoroughly underdrained, the application of a light covering of 
 gravel or crushed stone will make an excellent road out of one 
 which previous to such treatment had been during the spring 
 season, practically impassable, and at a much less cost than that 
 of any other means by which the same results could have been 
 accomplished. 
 
SURFACING EARTH ROADS. 
 
 Any road surfacing material should be of the same quality and 
 degree of hardness and durability throughout so that the surface 
 may wear evenly and remain smooth and free from holes and de- 
 pressions caused by the traffic. No attempt should ever be made 
 to surface an earth road with gravel or crushed stone until it 
 has received proper primary attention by standardizing as to 
 width, proper shaping and crowning, straightening the ditch 
 lines and the construction of substantial culverts and proper at- 
 tention has been paid to the matter of drainage, etc. Never under 
 any circumstances place on the surface of the road sod, roots, or- 
 ganic material or any worn out dust or mud scraped from the 
 ditches or sides of the road. 
 
 After an earth road has been properly shaped and crowned, ditch 
 lines straightened, proper culverts constructed and the road prop- 
 erly drained, those having the most traffic or the poorest natural 
 surfacing material should have their surface improved by placing 
 thereon the best available material not less than 8 feet in width 
 or 6 inches in thickness. When the natural road is of loose sand 
 this can be much improved by spreading over it a layer of clay or 
 loam and allowing it to mix with the sand. Saw dust or vege- 
 table matter in this case may be used to good effect on loose sand. 
 When the natural mad is of soft clay a layer of sand or gravel 
 will stiffen and bind it and much improve it. 
 
 Repair and Construction of Earth Roads. 
 
 The drawing on opposite page shows the desirable shape for 
 earth roads being the most general shape to be used in all sorts 
 of soil excepting heavy clay or sand. The crown of a road con- 
 sisting of clay should be reduced rather than increased and great 
 care should be taken by the town superintendent to under no cir- 
 cumstances exceed the limit one inch fall to the foot on clay roads, 
 and in all cases where conditions of this kind are found great 
 care should be taken to provide safety ditches and also to place 
 
 24 
 
25 
 
 guard rails at all dangerous points, it being understood that in 
 the construction of guard rails payment for the same is to be 
 made from the highway fund. 
 
 Where the soil condition is loose sand it is then the object to 
 retain a sufficient amount of moisture in the roadbed to assist 
 
 //■as e os//y see/? //?&/ pos/Z/o/? /Yo/ p/yes Z>e//er /7?ofer/o/ for f//7/\s/?//7<? 
 
26 
 
 in binding the sand. Therefore, the attempt to do much work in 
 the way of shaping and crowning on a sand road is time and 
 money wasted as the only means of treating a road of this char- 
 acter is by the application of foreign matter, gravel, crushed stone, 
 clay, loam, sawdust or vegeta, ble matter. 
 
 The attention of the town superintendent is called to the illus- 
 tration showing the position of the scraper blade of a road machine 
 in grading and scraping. This applies to ordinary soil conditions. 
 The blade should be handled a:s illustrated by No. 1 in the third 
 cut which will give the greatest material for the new surface of 
 the road. As a matter of fact roads of a clayey soil should have 
 deeper ditches than ordinary, but at the same time they should be 
 made of a depth and section so as not to render travel thereon 
 hazardous. It is absolutely necessary to preserve a proper crown 
 to a clay road and the only way it can be done is to be eternally 
 vigilant in the use of road hones or by the use of small two-horse 
 road machines after it has once been properly shaped and crowned. 
 
 Gravel for Surfacing. 
 
 Gravel should be the best that can be obtained in the vicinity 
 of the road. The fragments of stone should be hard, tough and 
 durable, and their size should not exceed 1% inches in the great- 
 est dimension. The larger stones should be screened out or raked 
 off after having been placed on the road and used in the founda- 
 tion by raking the same ahead as the work progresses. Naturally 
 in a screening process several sizes will be properly proportioned 
 so that the smaller particles of gravel are sufficiently great to fill 
 the interstices among the larger ones and the gravel should con- 
 tain a sufficient amount of binding material to fill the remaining 
 interstices so as to form one solid impervious mass. 
 
 The binding material may consist of clay and loam which is 
 clay mixed with sand and vegetable matter and has many of the 
 characteristics of clay. Sand, stone, dust or some material which 
 is fine enough to fill all the voids and make the finished gravel 
 surface impervious to water when properly drained, crowned and 
 shaped, may be used and the crown preserved by systematic road 
 honing. The proportion of binding material should not exceed 
 the amount required to fill the interstices, all in excess of this is 
 only a damage. 
 
 In general the binding material should not be more than 15 or 
 20 per cent, of the total quantity used. 
 
27 
 
 If the gravel as obtained from the pit is deficient in quality or 
 quantity of binding material a sufficient amount of the proper 
 quality should be added. Should the gravel contain an excessive 
 amount of binding material, which is almost universally the case, 
 the excess should then be screened or washed out. This last rule 
 is inflexible if good results are to be obtained. 
 
 After the gravel has been spread to the proper width, thickness 
 and shape, and this can only be done at a minimum cost by the 
 use of an ordinary harrow and by thoroughly dragging the same 
 after the gravel has been spread upon the road bed, the power 
 roller should then be applied and the same rolled, and if too dry 
 it should be sprinkled before rolling, or if the town is not in pos- 
 session of a sprinkler, care should be taken to have the roller at 
 hand so that the same can be used immediately following the first 
 rain after the gravel has been placed. 
 
 Where the only material is shale only the hardest, toughest and 
 most durable varieties should be used and right here the fact should 
 be emphasized that any shale that does not show a glitter in frac- 
 ture is unfit for purposes of this kind and should never be used 
 excepting the same is to be applied to a sand road. Any shale 
 that does not show a glitter is argillaceous and will turn into clay 
 when exposed to the elements under traffic, and is absolutely worth- 
 less for road building purposes except on sand roads. After 
 spreading to the proper width, thickness and shape, that is where 
 shale has been used, if possible the same should be covered with 
 a layer of sand or fine gravel and the power-roller used until a 
 smooth surface is obtained. 
 
 It is not the purpose in this article to treat the question of the 
 use of broken stone for resurfacing earth roads as that subject is 
 treated under another head in this bulletin. 
 
STATE STANDARDS. 
 
 As will be noted by the rules and regulations of the Commis- 
 sion it is aimed to establish standard widths of public highways. 
 Modern conditions are such that the safety of the traveling pub- 
 lic demands more care than formerly on the part of the State, 
 county and town officials in the proper improvement of the high- 
 ways so that the users of the same may be protected so far as 
 possible from unwarranted hazard or injury. It has, therefore, 
 been deemed expedient to urge that, generally speaking, all main 
 thoroughfares should be shaped and crowned to a standard width 
 of twenty-four feet between ditches and that in so doing safety 
 ditches be provided, or that proper guard rails be constructed, 
 and also that in the construction of culverts and bridges they shall 
 be lengthened or widened as the case may be to conform thereto. 
 
 In some counties of the State the town authorities, in conjunc- 
 tion with the county superintendent, have undertaken by the use 
 of maps to divide the highways of their respective towns into 
 first, second and third classes. In all instances the first-class 
 roads are to be improved and maintained at the standard width of 
 not less than twenty-four feet, second-class roads, twenty feet, and 
 third-class roads sixteen feet between ditches. For full informa- 
 tion and direction as regards the standardizing of highways and 
 bridges subject matter has been prepared under special heads 
 which may be found on other pages of this bulletin. 
 
 28 
 
State standard earth road, 24 feet between ditches. 
 
CULVERTS AND SHORT SPAN BRIDGES. 
 
 The construction and maintenance of bridges is a matter which 
 merits the most careful consideration of all who have any part in 
 highway maintenance by reason of the fact that the average travel 
 on the highways of the State is constantly increasing, the average 
 weight of loads hauled is steadily growing, and wood as a con- 
 struction material is increasing in price and deteriorating in 
 quality. 
 
 In repairs alone, entirely outside of new construction, about 
 $365,000.00 is annually required, and when it is considered 
 that the major portion of this amount might have been 
 saved had a more enduring form of structure been adopted in the 
 first instance, it becomes at once apparent that true economy lies 
 along the lines of that class of construction which shall be per- 
 manent and that the short-sighted policy which adopts the cheap 
 form merely because it is cheap, results really in a waste of money. 
 
 In view of the foregoing statements it seems that it should be 
 clear to every town official who has anything to do with the con- 
 struction of bridges, or providing the necessary funds therefor, 
 that he should bear constantly in mind the fact that permanent 
 structures are the cheapest, and to endeavor to cause the bridges 
 of his town to be erected according to a plan and in a manner 
 to forever eliminate the repair expense, which at the present time 
 forms such a formidable item of cost. 
 
 The aim of the Commission is for permanent structures. To 
 that end all the town and county superintendents and all direct 
 employees of the Commission should at all times aid in every 
 possible way in the construction of culverts having the steel sup- 
 ports or reinforcement entirely enclosed in concrete. Concrete 
 floors on bridges should be used in place of wood wherever pos- 
 sible, and in furtherance of this plan a series of articles on con- 
 struction of culverts and bridges is given herewith. For culverts 
 and short span bridges plans and instructions with notes accom- 
 
 29 
 
30 
 
 panying are given, covering practically all conditions and require- 
 ment winch are met within the bounds of this State for spans 
 of from two feet to thirty feet. Estimates of quantities of the 
 different materials required will be found in tables appended to 
 each of the different plans, and the instructions given therewith 
 are so plain and explicit that the majority of town superinten- 
 dents will need but little additional aid to enable them to erect 
 structures with local labor and out of local material which shall 
 be a credit to all concerned. 
 
 Plate 1 shows a wooden form for box culverts which may be 
 collapsed after the culvert is completed and used on practically 
 any number of successive structures. 
 
 Plates “ 2 ” and “ 2-A ” show a culvert constructed with ex- 
 panded metal reinforcement, with spans of two feet to ten feet, 
 with additional reinforcement of three-fourths-inch rods in nine- 
 foot to ten-foot spans. 
 
 Plates “ 3 ” and “ 3-A ” show method of construction with rein- 
 forcement of rods in spans of ten feet to thirty feet. 
 
 Plates “ 4 ” and “ 4-A ” show method of construction with rein- 
 forcement of I beams with span of ten feet to thirty feet. 
 
 Plates “ 5 ” and “ 5-A ” show flat slab top supported on I 
 beams, the I beams being left exposed, in spans of ten feet to thirty 
 feet. 
 
 Plates 6 and 7 give isometric view of construction according to 
 Plans 4 and 5, showing very clearly the method of construction 
 and appearance of the finished work. 
 
 Stone or concrete box culverts are superior to pipe as they are 
 less liable to freeze and become clogged, broken or damaged, and 
 are more easily cleaned. Culverts of the wooden box type should 
 not be constructed nor should tile be used for such purposes. A 
 culvert which can be constructed by the use of concrete without 
 skilled labor is shown by drawings on Plate 2. Culverts of this 
 character cost more to build than those constructed with dry 
 masonry walls and a plank top, but they are more economical 
 because no repairs are necessary when they have been properly 
 built. 
 
 The following directions and suggestions relative to the methods 
 of mixing the proportions of ingredients to be used, which are as 
 follows should be observed. 
 
31 
 
 
 Cf 
 
 PLATE 
 
32 
 
 PLATE 2 
 
33 
 
 t 
 
 ► 
 
 3 
 
 PLATE 2a 
 
34 
 
 PLATE 3 
 
35 
 
 PLATE 3a 
 
36 
 
 PLATE 4 
 
37 
 
 PLATE 4a 
 
38 
 
 
 PLATE 5 
 
39 
 
 PLATE 5a 
 
40 
 
 
41 
 
 PLATE 1 
 
42 
 
 Provide a mixing board about eight feet wide and ten feet long, 
 formed of smooth boards laid close, or of sheet iron. Never mix 
 mortar or concrete on the ground. 
 
 To make concrete, use one part loose Portland cement, two and 
 one-half parts sand, and five parts broken stone or gravel, not 
 exceeding one inch in size, all being measured in loose bulk. If 
 stone from a crusher is used screen out the fragments larger than 
 one inch in size, and use for the concrete all the products less than 
 one inch, allowing the dust to act instead of one part sand. If 
 gravel is to be used and is not clean, it should be washed in run- 
 ning water until the water runs away clear. Thoroughly mix the 
 cement and the proper amount of sand before wetting; then add 
 enough water to make a thin mortar, but not thin enough to run ; 
 dampen the broken stone or gravel and then spread the proper 
 quantity of the broken stone dampened, or gravel, upon the mix- 
 ing-board, in a four-inch layer, and cover it with the mortar; mix 
 thoroughly by turning with shovels, until all fragments are coated 
 with the mortar. The mass thus formed should flatten and quake 
 when put into a wheelbarrow or pail, but should not be fluid. 
 
 When gravel concrete is used the ingredients should be separ- 
 ated and mixed in the above proportions unless written permission 
 is obtained from the county superintendent. 
 
 After the excavation has been made, the first thing to do is to 
 lay out the outside line of the culvert and build a box inclosure 
 by means of stakes and boards shown by the drawing, Plate 1. 
 The forms shown in the sketch are composed of one-inch boards, 
 planed on one side, and two-by-fours. The boards should be 
 braced in the manner shown to prevent bulging. The forms for 
 the wings may be the forms for the side walls extended. The 
 excavation for the head walls should extend from eighteen 
 to thirty inches below the bottom of the culvert to make a cut-off 
 wall. This cut-off wall at each end prevents water from washing 
 under the culvert and destroying it by undermining. After the 
 outside forms are constructed, grade the bottom so that it will 
 have a fall of not less than three inches in a culvert which is 
 to be twenty feet long. The inside of forms should be planed 
 smooth and should be covered with crude oil or with soft soap. 
 Then mix the concrete and put in the bottom of the culvert for the 
 whole length, being careful to keep the grade uniform. 
 
Wooden bridge which was replaced by the concrete arch shown in cut facing page 44. 
 
Of j hf 
 
 U»lVEf»siTv Of IUINOIS. 
 
 
 
 
 
 
 
43 
 
 Concrete should not cost more than $5 or $6 per cubic yard, de- 
 pending on the character of materials and convenience of the same 
 to the work. The quantities of concrete for box culverts are about 
 as follows: 
 
 2 x 2 x 20 feet long will contain 8.5 cubic yards. 
 
 2 x 3 x 20 feet long will contain 9.8 cubic yards. , 
 
 3 x 3 x 20 feet long will contain 12.8 cubic yards. 
 
 For each additional foot in length add to the above quantities: 
 
 For 2 x 2 = .33 cubic yards. 
 
 For 2 x 3 = .38 cubic yards. 
 
 For 3 x 3 = .45 cubic yards. 
 
 The department has lately gotten out standard designs of cul- 
 verts of spans varying from two feet to thirty feet. (See Plates 
 3, 4, 5, 6 and 7.) For longer spans special designs will be fur- 
 nished upon request. 
 
 Where it is more convenient to use corrugated iron arches for 
 forms, they may be used as shown in the detail for that design. 
 In both styles of designs the iron, it will be seen, is completely 
 protected from the elements. Culverts of this design are, as far 
 as we know, absolutely permanent structures, the only part of 
 which that can possibly become worn or rusted being the railing. 
 As the structures are heavy great care should be exercised in prop- 
 erly preparing the foundations. In case the culvert goes in a 
 location where there is apt to be considerable scour, the waterways 
 should be paved with heavy stones and the down stream ends 
 should be rip-rapped. 
 
 The dimensions of culverts of the type shown on Plate 2 are 
 as follows: 
 
 SPAN. 
 
 Thickness 
 of slab. 
 
 Thickness 
 of abut. 
 
 Expanded 
 
 metal. 
 
 Size of 
 rods. 
 
 C. to C 
 of rods. 
 
 2'-0" 
 
 6" 
 
 12" 
 
 3" No. 6 Heavy 
 
 
 
 3'-0" 
 
 6" 
 
 12" 
 
 3" No. 6 Heavy 
 
 
 
 4'-0" 
 
 6" 
 
 12" 
 
 3" No. 6 Heavy 
 
 
 
 5'-0" 
 
 8" 
 
 12" 
 
 3" No. 6 Heavy 
 
 
 
 6'-0" 
 
 9" 
 
 15" 
 
 3" No. 6 Heavy 
 
 
 
 7'-0" 
 
 10" 
 
 15" 
 
 3" No. 6 Heavy 
 
 
 
 8'-o" 
 
 12" 
 
 15" 
 
 3" No. 6 Heavy 
 
 
 
 9'-0" 
 
 12" 
 
 15" 
 
 .39 sq. in. 
 
 5 " 
 
 10'-0" 
 
 12" 
 
 15" 
 
 
 .39 sq. in. 
 
 4*" 
 
 
 
 
 
44 
 
 The dimensions of culverts of the type shown on Plate 3 are 
 as follows: 
 
 CLEAR SPAN. 
 
 Thickness 
 of slab. 
 
 Cross sec- 
 tion of 
 bars. 
 
 Weight 
 per ft. 
 of bars. 
 
 Length of 
 each bar. 
 
 Distance 
 
 C. to C. 
 of bars. 
 
 10 feet 
 
 12" 
 
 .56" 
 
 1.91 lbs. 
 
 13'-0" 
 
 6*" 
 
 11 feet 
 
 12" 
 
 .56" 
 
 1.91 lbs. 
 
 14'-0" 
 
 6 " 
 
 12 feet 
 
 13" 
 
 .56" 
 
 1.91 lbs. 
 
 15'-0" 
 
 6 " 
 
 13 feet 
 
 13" 
 
 .56" 
 
 1.91 lbs. 
 
 16'-0" 
 
 5£" 
 
 14 feet 
 
 14" 
 
 .56" 
 
 1.91 lbs. 
 
 17'-0" 
 
 5£" 
 
 15 feet 
 
 14" 
 
 .56" 
 
 1.91 lbs. 
 
 19'-0" 
 
 5 " 
 
 16 feet 
 
 15" 
 
 .56" 
 
 1.91 lbs. 
 
 20'-0" 
 
 4*" 
 
 17 feet 
 
 15" 
 
 .56" 
 
 1.91 lbs. 
 
 21'-0" 
 
 4£" 
 
 18 feet 
 
 16" 
 
 .56" 
 
 1.91 lbs. 
 
 22'-0" 
 
 4V 
 
 19 feet 
 
 17" 
 
 .56" 
 
 1.91 lbs. 
 
 23'-0" 
 
 4 " 
 
 20 feet 
 
 18" 
 
 .77" 
 
 2 . 6 lbs. 
 
 24'-0" 
 
 5 " 
 
 21 feet 
 
 18" 
 
 .77" 
 
 2 . 6 lbs. 
 
 25'-0" 
 
 5 " 
 
 22 feet 
 
 19" 
 
 .77" 
 
 2.6 lbs. 
 
 26'— 0" 
 
 5 " 
 
 23 feet 
 
 19" 
 
 .77" 
 
 2.6 lbs. 
 
 27'-0" 
 
 5 " 
 
 24 feet 
 
 20" 
 
 .77" 
 
 2.6 lbs. 
 
 28'-0" 
 
 
 25 feet 
 
 21" 
 
 1.00" 
 
 3.4 lbs. 
 
 29'-0" 
 
 6 " 
 
 26 feet 
 
 21" 
 
 1.00" 
 
 3.4 lbs. 
 
 30'-0" 
 
 5*" 
 
 27 feet 
 
 22" 
 
 1.00" 
 
 3.4 lbs. 
 
 31'-0" 
 
 5*" 
 
 28 feet 
 
 23" 
 
 1.00" 
 
 3.4 lbs. 
 
 32'-0" 
 
 5 " 
 
 29 feet 
 
 23" 
 
 1.00" 
 
 3.4 lbs. 
 
 33'-0" 
 
 5 " 
 
 30 feet 
 
 24" 
 
 1.00" 
 
 3 . 4 lbs. 
 
 34'-0" 
 
 5 " 
 
 The dimensions of the culverts of the type shown on Plate 4 are 
 as follows: 
 
 CLEAR HEIGHT NOT OVER 12'-0". 
 
 Clear Span “ L.” 
 
 Size of 
 I-beams. 
 
 Length 
 of each 
 beam. 
 
 Rise of 
 arches. 
 
 Expanded 
 
 metal 
 
 required. 
 
 Depth 
 “ D.” 
 
 Width 
 “ W.” 
 
 10 feet 
 
 12"-3H lbs. 
 12"— 31^ lbs. 
 12"— 3 H lbs. 
 12"— 3 U lbs. 
 
 12'-0" 
 
 8" 
 
 56 sq.ft. 
 62 sq. ft. 
 67 sq.ft. 
 91 sq.ft. 
 98 sq.ft. 
 105 sq. ft. 
 112 sq.ft. 
 119 sq.ft. 
 126 sq.ft. 
 133 sq. ft. 
 140 sq.ft. 
 147 sq.ft. 
 154 sq.ft. 
 161 sq.ft. 
 168 sq. ft. 
 175sq. ft. 
 182 sq. ft. 
 195sq. ft. 
 203 sq. ft. 
 210 sq. ft. 
 218sq. ft. 
 
 2'-0" 
 
 18" 
 
 11 feet 
 
 13'-0" 
 
 8" 
 
 2'-0" 
 
 18" 
 
 12 feet 
 
 14'-0" 
 
 8" 
 
 2'-0" 
 
 18" 
 
 13 feet 
 
 15'-0" 
 
 8" 
 
 2'-0" 
 
 18" 
 
 14 feet 
 
 12"-35 
 
 lbs. 
 
 17'-0" 
 
 8" 
 
 2'-0" 
 
 24" 
 
 15 feet 
 
 15"-42 
 
 lbs. 
 
 18'-0" 
 
 10" 
 
 2'-3" 
 
 24" 
 
 16 feet 
 
 15"-42 
 
 lbs. 
 
 19'-0" 
 
 10" 
 
 2'-3" 
 
 24" 
 
 17 feet 
 
 15"-42 
 
 lbs. 
 
 20'-0" 
 
 10" 
 
 2'-3" 
 
 24" 
 
 18 feet 
 
 15"-42 
 
 lbs. 
 
 21'-0" 
 
 10" 
 
 2'-3" 
 
 24" 
 
 19 feet 
 
 15"-42 
 
 lbs. 
 
 22'-0" 
 
 10" 
 
 2'-3" 
 
 24" 
 
 20 feet 
 
 18"-55 
 
 lbs. 
 
 23 , -0" 
 
 12" 
 
 2'-6" 
 
 24" 
 
 21 feet 
 
 18"-55 
 
 lbs. 
 
 24'-0" 
 
 12" 
 
 2'-6" 
 
 24* 
 
 22 feet 
 
 18"-55 
 
 lbs. 
 
 25'-0" 
 
 12" 
 
 2' -6" 
 
 24* 
 
 23 feet 
 
 18"-55 
 
 lbs. 
 
 26'-0" 
 
 12" 
 
 2'-6" 
 
 24" 
 
 24 feet 
 
 18"-55 
 
 lbs. 
 
 27'-0" 
 
 12" 
 
 2'-6" 
 
 24" 
 
 25 feet 
 
 18"— 55 
 
 lbs. 
 
 28'-0" 
 
 12" 
 
 2'-6" 
 
 24" 
 
 26 feet 
 
 18"-60 
 
 lbs. 
 
 29'— 0" 
 
 12" 
 
 2'-6" 
 
 24" 
 
 27 feet 
 
 20"-65 
 
 lbs. 
 
 30'-0" 
 
 13" 
 
 2'-8" 
 
 24" 
 
 28 feet 
 
 20"-65 
 
 lbs. 
 
 31'-0" 
 
 13" 
 
 2'-8" 
 
 24" 
 
 29 feet 
 
 20"-75 
 
 lbs. 
 
 32'-0" 
 
 13" 
 
 2'-8" 
 
 24" 
 
 30 feet 
 
 20'-75 
 
 lbs. 
 
 33'-0" 
 
 13" 
 
 2'-8" 
 
 24" 
 
 
 The town superintendent may obtain from the county super- 
 intendent, or the Commission, free of charge, standard plans for 
 culverts and small bridges. 
 
Concrete arch replacing wooden structure shown in cut facing pa] 
 
45 
 
 Concrete Slab. 
 
 Stone flagging or concrete slabs, supported by steel I 'beams, 
 rails or re-inforced concrete girders must be used in preference to 
 plank for culverts Laving less than eight to ten feet span, and in 
 the construction of culverts and bridges great care must be taken 
 to provide a culvert of sufficient strength to support safely a ten- 
 ton steam roller. 
 
 Concrete slabs can be made in the following manner, viz. : Pro- 
 vide a mixing-board about eight feet wide and ten feet long, 
 formed of smooth boards laid close, or of sheet iron. Never mix 
 mortar or concrete on the ground. Make an open box, six inches 
 deep, two or three feet wide and from three and one-half to four 
 and one-half feet in length as the span may require. Whenever 
 the necessary width of opening exceeds ten feet, I beams of steel 
 must be used to span it, and these must be placed two or three 
 feet between centers, this distance varying inversely with the 
 width, and the slabs made to span this distance between the center 
 of the beams. Provide expanded metal of gauge No. 4, formed of 
 steel 3/16 inch thick, 5/16 inch wide in meshes six inches wide, 
 and twelve inches long, and weighing 1 1/10 pounds per square 
 foot, and cut into sheets of sufficient size to nearly cover the pro- 
 posed slab, being careful that the 12-inch mesh crosses the span. 
 
 Mix the concrete in the manner prescribed in an earlier por-. 
 tion of this article, using a sufficient amount of water to cause the 
 mass to flatten and quake when put into a wheelbarrow or pail, 
 but not so much as to make it fluid. 
 
 Spread over the bottom of the box a coat of mortar followed by a 
 coat of fine concrete, making a layer one and one-quarter inches 
 thick, after ramming, and upon this lay the sheet of expanded 
 metal and embed it in the soft concrete by ramming, using care 
 that the 12-inch length of mesh lies with length of the span of 
 the slab when it shall be put on the culvert. Fill the box with 
 concrete working the stones from the side with a trowel, so that 
 the edge will have a smooth surface, ram thoroughly until no 
 stones nor gravel can be seen, and until the wet mortar comes to 
 the top, and also smooth the top with a trowel. Keep this covered 
 from the sun and wet it night and morning for a week, until 
 hardened, when it can easily be taken from the box. After it has 
 set for an hour, scratch the word “ Top ” in large letters in the 
 soft mortar, so that it may surely be thus laid on the work, as 
 the slab will have little strength if laid with the embedded metal 
 
46 
 
 at the top of the slab. Do not make concrete in freezing weather, 
 or else make it where it can be protected from the frost. Such 
 slabs can be made in winter, by making them in a warm place 
 free from frost, and storing them for use until they are set and 
 hard. The culvert when completed, and after the slab or flagstone 
 is placed thereon, should be low enough so that it can be covered 
 by the road material which should not be less than six inches in 
 depth, and if the culvert is properly built there will be no expense 
 for maintenance, as in the case with a plank top. Ro culvert 
 should be built less than two feet in width so that it may be 
 easily kept free from obstructions at all times. The bottom of 
 all culverts should be given sufficient fall to send the water out 
 of them immediately. The bottoms and spaces three or four feet 
 wide, at the inlets and the outlets, should be paved to prevent 
 undermining, using cobble or flat stones set on edge and close 
 together with the joints filled with crushed stone or fine gravel. 
 The side ditches should also be similarly paved where there are 
 long grades of 5 per cent, and over. 
 
 1 Beams on Culverts and Short Span Bridges, 
 
 For culverts and short span bridges having a span of not more 
 than thirty feet, it is usually most economical to use the steel I 
 beams, covered with flagstone or concrete slabs, as shown on 
 Plate 5. 
 
 The following table shows the sizes and weights of I beams 
 which should be used to insure safety in culverts, when crossed 
 by a ten-ton road roller. The lengths given are the over-all 
 lengths, allowing eighteen inches at each end for support. The 
 space between and outside the I beams on top of the side walls 
 should be filled with concrete or masonry laid in cement mortar. 
 If care is taken to fill with mortar the joints between the flag- 
 stones or concrete slabs, the I beams will last many years longer 
 than they will if the drainage from the road is allowed to wet and 
 rust them. 
 
 Highway Bridges. 
 
 Bridge construction has passed through numerous stages. One 
 of the oldest types of a permanent bridge is the stone arch, 
 brought to perfection by the Romans. Bridges of this character 
 were built in Europe many years ago, and are still in use. Stone 
 
SLAB CULVERT TOPS SUPPORTED ON STEEL BEAMS. SEE PLATE 
 
 47 
 
 r 
 
 iO 
 
 H 
 
 s 
 
 o 
 
 £ 
 
 < 
 
 p 
 
 a 
 
 Q 
 
 £ 
 
 <3 
 
 O 
 
 S 
 
 O 
 
 w 
 
 co 
 
 W 
 
 pq 
 
 H 
 
 333333333333333333333 
 
 (NCO^iniCOfOCO^THiOl^iOOiOOiOOfNaiiO 
 
 0*-iO>-HOOiOOO'-iOO<Nt>C'OCOTt<cOOOTt<0 
 
 o’ t> i> oo oo o’ o’ m’n'co'^’^ioioonn’ooo 
 
 sseceseeeaeessisecttisiss; 
 
 88 §S§ 8 g 8 SS 8 g 22 S 2 § 2 gSS 
 
 (NlMcOC'OCOCOTjH^-'tf-tf-'tf'^iOlOOiOiOOOOO 
 
 ioffiM»ooHni 
 HHHHMCO«COM«M>O‘OiOiO<O®t' 00 ( 
 
 WOlHHNMOaMTfiOfflN^OHTtlH^OJn 
 
 SS 2 S 8 g 5 S$; 33 £ 3 !§S§Sg 8 Sas 
 
 CO CO CO CO CO c 
 
 MOfflccoffloifflfflaoicjiHHHH 
 
 "o^o^o % o % o s o % o"o^o"o^ r ^ 
 N^bbt^OOO^CNlCOTiHbbt^aobb^bbTP 
 
 ^-lrHi-l^-lr-lr-lr-<(N(N<N<N(N(M(N(N(NCOCOCOCOeO 
 
 XXXXXXXXXXXXXXXXXXXXX 
 
 .S.S.S.S. 2 .S.S.E.S. 2 .S.E.S.S.S.S. 2 .S.S.S.S 
 
 istsiisisiiiiiiiiiiii 
 
 O O O t> t~- t— t— oooooooo 
 
 CQiOiONNNNOOOOOOiOiOiOiOiOiOiOiO 
 
 ©OOOOOOr-4»H.-l,-l,-l,-l,-lrH»-li-l»-lT-l,-lrH 
 
 ??????????:????????:??? 
 
 b?o^‘bboobb^ibcoT)<icbf : ~oobb>-ibfo 
 
 ^HrHrH^HrHrH^H(NlM(N<N<N(N(N(N(N(NCOIOCOfO 
 
 xxxxxxxxxxxxxxxxxxxxx 
 
 lOOOOOOOOOOOQOOOOO 
 
 liiiilliiiiiiiiiiilll 
 
 sSSSSSSSSiiSSSSSSSSiS 
 
 Estimate should include railing in each case. 
 
48 
 
 arches are still being built in some localities in this State where 
 stone entirely suitable for the purpose may be easily obtained, and 
 several arches have been erected during the past season at an 
 expense which was less than that for which any other form of 
 permanent structure could have been built. England was the first 
 to use metal for bridge purposes and metal has been used to a 
 great extent in this country. Cast iron and wrought iron have held 
 a prominent place in such work but have been displaced by the 
 use of structural steel. 
 
 The principles involved in the construction of bridges, whether 
 in the case of wooden trusses, steel viaducts, stone or concrete 
 bridges, are being more and more carefully understood. Culverts 
 and short-span bridges, having a span of less than thirty feet, gen- 
 erally, can be constructed most economically by the use of con- 
 crete and reinforced concrete in conjunction with the use of I 
 beams to hold the concrete slabs. Longer spans should, perhaps, 
 be constructed with steel superstructure and concrete bottoms or 
 concrete flooring. 
 
 Bridges constructed of timber, or timber in the use of bridges, 
 is temporary, the life of an ordinary wooden bridge rarely exceed- 
 ing ten years and repairs are needed every year. Steel bridges, 
 it is true, require attention; and to maintain the same, painting, 
 tightening and putting in new rivets must be done frequently, and 
 in a comprehensive manner. The life of a steel bridge has not 
 yet been fully determined as they really have not been erected 
 long enough to determine their life. At any rate it depends upon 
 the quality and care of the bridge. 
 
 In the preparation of the plans, specifications and estimates by 
 the county superintendent, or in the approval of the same, too 
 much care and good judgment cannot be exercised in seeing that 
 bridges of this character are of sufficient strength, and also of 
 good design and are properly finished and erected in matters of 
 detail. A poor steel bridge is dear at any price. Ordinarily mem- 
 bers of the town board, town superintendents, and even county 
 superintendents cannot be expected to judge as to the quality of 
 the material of which such bridges are constructed, but free of 
 cost to each town the Highway Law provides that proper engineer- 
 ing advice may be had from the Commission provided the county 
 superintendent is not a practical civil engineer. A practical civil 
 engineer should be able to advise as to the proper form and ma- 
 terial for abutments and to provide working plans, therefor and 
 to also furnish plans and specifications for the superstructure, 
 
Monboe County.— Town of Rush. Concrete bridge built by town superintendent, 2 spans, 9 feet each ; thickness of middle pier 
 12 inches; width of roadway 18 feet, parapet 35 feet, cost complete $426.25. 
 

49 
 
 which necessarily will create a great saving to the towns of the 
 State in this respect alone. If plans and specifications are pre- 
 pared by the manufacturers, as is sometimes the case, and sub- 
 mitted to the district or county superintendent for approval, the 
 district or county superintendent, without cost, can secure the 
 advice of the Commission as to the dimensions and special require- 
 ments of the bridge to he constructed. The weak spots of many 
 bridges are in the connections. When a bridge is being erected 
 the county superintendent can see that the specifications are being 
 carried out, and should he need assistance in this respect, he can 
 readily secure the same without cost to his locality. 
 
 It will he noticed that because of the fact that plans for bridges 
 must be approved by proper authorities that not only good con- 
 struction, but good design and beauty must be elements. Much 
 attention should he paid to the appearance of structures of this 
 character, but it is very easy to run to the opposite extreme with 
 tawdry results. It is a very short step from ornamental construc- 
 tion to constructed ornamentations giving little and very unsatis- 
 factory substitutes for severe simplicity. It should be remembered 
 that they will last for many years and their appearance is there- 
 fore a matter deserving due attention in construction. 
 
 Concrete is a material which lends itself to easy manipulation 
 and which can he used by moulding it into graceful outline. It 
 is essential to the preservation of steel bridges that they may he 
 kept properly painted. Rust is their chief destructive agency. 
 District and county superintendents and town superintendents 
 must bear in mind that if fully protected from rust, steel bridges 
 would practically last forever. Bridges should be painted at least 
 every five years and oftener in some instances. Before painting 
 steel, the surface should be absolutely free from rust, scale, 
 moisture and grease. Rust must be removed by scraping with 
 steel scrapers, and scale by the use of stiff wire brushes. Rust 
 left beneath the paint will cause it to flake off and then the metal 
 is slowly exposed to the destroying action of air and moisture. 
 
 In painting bridges the face of the steel trusses facing the 
 approaches to the bridge should be painted white to a height of 
 five to seven feet, so as to aid the traveling public in crossing the 
 bridge without accident after night fall. The material commonly 
 used for painting bridges is red lead mixed with linseed oil. 
 Bridge floors of plank usually wear out in from two to four years 
 and are a constant matter of expense for renewal and repair. 
 
 4 
 
50 
 
 With the increasing price of lumber it is only a matter of time 
 when concrete or some other material must be used for such pur- 
 poses. All steel bridges now being built should be strong enough 
 to support concrete floors as it is cheaper and more satisfactory to 
 provide for this additional weight than to reinforce the bridge 
 after construction. Concrete adds to the dead weight but this is 
 partly compensated for by the extent to which it distributes the 
 live load. 
 
 With plank flooring, the weight of every vehicle passing over it 
 is transmitted to its individual members causing a constant jar 
 which is destructive. With concrete the weight is spread over a 
 greater area of the structure, therefore the injury is less. It will 
 be seen that if the floors of bridges were constructed of concrete 
 it would not be so necessary to restrict the speed of vehicles. 
 
 Strength and durability depend upon the proper proportions of 
 all the parts. If doubt exists as to the efficiency of any plan, it 
 may be submitted to the county superintendent, or the commission 
 who will carefully examine and report upon it without charge 
 therefor. 
 
 A clear width of sixteen feet between steel work is generally 
 recommended except for spans above 150 feet, for which the clear 
 width should preferably be eighteen feet, except for villages and 
 towns where the width must be determined by the local conditions. 
 
 While the stone or concrete arch is the most durable of all 
 crossings, there are many localities where it cannot be used. In 
 soft or yielding soils the bridges of truss or girder type are better 
 as one or both abutments can move considerably without destroy- 
 ing the action of the bridge while the same movement in the 
 foundations of an arch would cause the latter to collapse. 
 
 Town authorities should bear in mind that a bridge which will 
 safely carry the loads going over an ordinary dirt road may not 
 carry the loads going over the same road after improvement. The 
 carrying capacity of the road having been greatly increased, the 
 bridge should be renewed or strengthened in like manner. 
 
 Town superintendents must at all times avoid adding concrete 
 or heavy paved floors to bridges that were designed and erected 
 with plank flooring. The weight of a plank floor is seldom over 
 seventeen pounds per square foot while the bridge generally is 
 designed for a live load of from 60 to 100 pounds per square foot 
 in addition to the dead load. It can readily be seen that if a floor 
 of concrete, weighing, with a light wearing surface, about 100 
 pounds per square foot, be added to light trusses, the entire 
 
Delaware County. — Town of Hancock. Stone arch on Sands creek, built by town superintendent. Span 26 feet, roadway 18 
 
 feet. Cost complete with iron railing, $462. 
 

 
PLATE 10 
 
PLATE 11 
 
55 
 
 strength of the trusses will be used in sustaining the floor, and the 
 carrying capacity of the bridge will be reduced to practically noth- 
 ing. If it is desired to put on a concrete floor, it would be better 
 for the town superintendent to get advice on the subject from the 
 county superintendent. 
 
 When it becomes necessary to temporarily strengthen an iron 
 bridge for the passage of some heavy load, it is best to put bents 
 under the center of each panel half way between the floor beams. 
 This will have the effect of doubling the number of floor beams. 
 
 Plates 8 and 9 show truss and floor plans of Standard truss 
 bridge of 150 feet span, 16 feet roadway, capacity, 10-ton roller. 
 
 Plates 10 and 11 show truss and floor plan of Standard truss 
 bridge of 150 feet span, 16 feet roadway, capacity, 15-ton roller. 
 
 Bridges of standard design prepared under the direction of the 
 Highway Commission cost about as follows: 
 
 For bridges of sixteen feet clear roadway with a capacity of 
 eighty-five pounds per square foot uniform load and a loaded 
 ten-ton road roller for concentrated load, cost about as follows, de- 
 livered, erected, and painted, with wood floors in place ready for 
 traffic : 
 
 50 1 feet span 
 
 75 feet to 125 feet span 
 150 feet span 
 
 
 
 Weight 
 
 
 
 of steel 
 
 Per foot. 
 
 per foot. 
 
 $24 
 
 00 
 
 500 lbs. 
 
 30 
 
 00 
 
 618 lbs. 
 
 37 
 
 00 
 
 833 lbs. 
 
 For bridges of 16 feet clear roadway, with a capacity of eighty- 
 five pounds per square foot uniform load and a fifteen-ton road 
 roller for concentrated load, cost about as follows, delivered, 
 erected, and painted, with concrete floors in place ready for traffic : 
 
 45 feet span 
 125 feet span 
 150 feet span 
 
 Weight 
 of steel 
 
 Per foot. per foot. 
 $28 00 688 lbs. 
 
 37 00 818 lbs. 
 
 42 00 1017 lbs. 
 
 Foundation work is not included in the above prices. These 
 prices are for bridges near railroad stations on through lines. If 
 
56 
 
 the bridges are at some distance from railroad stations a charge 
 for hauling should be added. If the bridges are near the line of 
 some branch railroad, the freight rate of that road should be 
 considered. 
 
 Stock Plans. 
 
 Plans have been prepared by the Commission covering all 
 lengths of span between thirty feet and fifty feet, of three capaci- 
 ties, viz. : ten-ton, thirteen-ton and fifteen-ton rollers respectively, 
 with roadways of sixteen feet and eighteen feet width. Copies of 
 any of these plans will be forwarded to any county superintendent 
 or town superintendent upon application. Bridges in accordance 
 with these plans may be erected by any bridge or machinery com- 
 pany as they embody only such features as may be readily dealt 
 with by any concern now engaged in the manufacture of this class 
 of work. The purpose of the department in preparing these plans 
 is that there may be constantly on hand and at the disposal of all 
 officials in any way connected with the erection of town bridges, 
 a series of plans, some one of which will fit any condition of traffic 
 within the lengths mentioned and which may be supplied without 
 delay to any one applying therefor. This relieves the town and 
 county officials of any necessity of going to any private concern 
 for plans of any kind, and supplies those upon which they may 
 go to anyone engaged in the business and ask for construction bids. 
 
 Inspection. 
 
 The matter of inspection of steel trusses and the foundations 
 therefor during construction is one which has been almost entirely 
 neglected, and the results of such neglect are, in very many in- 
 stances, only too apparent. It is believed that a mill and shop 
 inspection of all materials entering into the make-up of steel 
 trusses should be made in all cases. 
 
 There are in localities where structural steel is made several 
 firms whose business it is to inspect steel as it comes from the rolls. 
 The material that is inspected and passed as satisfactory is used 
 for the bridges and buildings of discriminating purchasers. The 
 material which is not inspected, or is inspected and rejected, finds 
 its way to careless or indifferent purchasers. 
 
 This inspection of material at the mills or furnaces, and the 
 inspection of workmanship at the shops, adds but very little to the 
 cost of a bridge, and being done by companies who make this work 
 a specialty, it is no trouble whatever to the purchaser. 
 
— 
 

 
 Of ihe 
 UNlVt^V Of 
 
 
 
 
 
 
 
57 
 
 A bridge that is inspected both as to material and workmanship 
 is more satisfactory in every way than one which is not inspected. 
 Purchasers should insist at all times upon bridge material being 
 such as has passed the inspection requirement of New York State, 
 and should be furnished with certified copies of the results of the 
 inspections. 
 
 All bridge material should be measured immediately upon de^ 
 livery, and such measurement should be compared with the sizes 
 called for on the general drawing upon which the contract was 
 based. If there is any difference between the sections called for 
 and the sections delivered, no payment should be made until the 
 proper sized members are delivered. 
 
 If, for instance, a certain member is to be made up of angles 
 % inch thick, it would be a very simple matter to substitute angles 
 5/16 inch thick. This cutting of section, if done consistently, 
 would have the effect of reducing the strength and weight of the 
 trusses about 17 per cent., which would represent material paid 
 for but not delivered. 
 
 Inspection of foundation work should be continuous through all 
 stages of its construction, as a failure or partial failure here 
 means failure for the entire work. It is earnestly recommended 
 that all town and county officers connected with the erection of 
 bridges give this matter their particular attention to the end that 
 such a system of inspection may be instituted as to insure the cer- 
 tainty that all parts of the work shall be properly performed and 
 all materials be such as were called for in the design. 
 
 Inspection of Wooden Bridges. 
 
 The timber of wooden truss bridges should be inspected by bor- 
 ing with a %-inch auger into the main members. This boring 
 should be done in such a way that rain water cannot enter the hole, 
 i. e., the hole should enter the timber from the under side. The 
 holes should afterward be plugged with wood. The iron hangers 
 should be equally strained. This condition can be determined by 
 striking adjacent rods with a piece of hard wood or iron and not- 
 ing the tone or pitch. The rod having the lower tone can be 
 tightened until the pitch is the same as that of the rod having the 
 higher tone. In case a nut is rusted fast, and cannot be moved 
 by a wrench, it can be very readily loosened by heating it quickly 
 with a gasolene torch. Care should be exercised to avoid heating 
 the rod as the idea is to expand the nut and thus loosen it. 
 
58 
 
 If a wooden bridge is in such good condition that it will prob- 
 ably not be renewed for some years, the covering (roof or weather 
 boarding), should be very carefully watched as a heavy wooden 
 bridge might last for years if properly covered, while a small leak 
 in the roof, if neglected, might be the cause of the bridge decaying 
 in a few seasons. Splices and keys in the bottom chord should be 
 watched to see that there is no crushing of the wood back of the 
 splice bolts. The floor beams should be large enough to get a bear- 
 ing over the entire width of the bottom chord and the planking 
 should be laid with openings to clear the deck of water and dirt. 
 The planking in all cases should be spiked to the floor joist to pre- 
 vent undue vibration and noise. The mud sills and corbels should 
 be renewed as fast as decay becomes apparent. There should be 
 an apron of wood or stone between the bridge deck and the road- 
 way dirt. This apron should be renewed from time to time as the 
 necessity becomes apparent. If the trusses become weak they 
 should be made safe in the following manner: There should be 
 placed on the ground under the bridge, or in the bed of the stream, 
 a mud sill of wood about ten inches square and about three feet 
 longer than the width of the bridge. A corresponding cap of like 
 dimensions should be attached under the bridge and in contact 
 with the trusses at a panel point. Two vertical pieces about 8 by 
 8 or 10 by 10 and a little longer than the distance between the 
 mud sill and cap should be provided and should be placed by 
 blocking the upper ends under the cap piece and then driving the 
 lower ends until they are perfectly rigid. The lower ends should 
 be retained by blocks, spiked to the mud sills. These trestle bents 
 should always be put up in pairs at an equal number of panel 
 points from each end. 
 
 A Few Suggestions . 
 
 Do not approve plans for arches unless you know by personal 
 inspection that the foundations are of unyielding material. 
 
 Do not fail to provide in your annual estimate for the painting 
 of all steel and iron bridges in your town. 
 
 Do not put new wooden floors on top of old floors. Paint the 
 joist and then put on the new floor. 
 
 Use red lead and oil below the floor line and white lead and oil 
 above the floor line. 
 
 Do not allow the use of bolts for connections of bridges. Rivets 
 only should be used. 
 
59 
 
 Do not allow the use of timber in foundations unless the water 
 surface in dry seasons is high enough to keep the wood constantly 
 covered. 
 
 Remember, that if a bridge appears to need paint above the 
 floor, the conditions below the floor are much worse. 
 
 When in doubt upon any point get advice from the Highway 
 Commission. 
 
ORGANIZATION OF FORCES. 
 
 Town superintendents are required by law to organize their 
 forces prior to the beginning of highway work. This organization 
 should be perfected late in the winter or early in the spring. At 
 the time of the organization of forces for highway work the town 
 superintendent should examine all the machinery, tools and 
 implements for road work and if they are not in proper repair 
 and ready for use he should cause repairs to be made to the same 
 at once. It is presumed that in the estimate of the town super- 
 intendent the attention of the town board has been called to the 
 rquirements of the town as regards the purchase of new 
 machinery, tools and implements in order that the highway work 
 may be properly carried on. If for any reason, it is discovered 
 that proper provision has not been made, the town superintendent 
 should at once confer with the supervisor in order that steps may 
 be taken to provide proper implements to the end that the highway 
 work may be promptly commenced as soon as weather conditions 
 will permit in the spring. 
 
 Parts for road machines, plows and other implements, such as 
 scraper blades, plow points, whiffletrees and other parts which 
 are liable to break or wear, should be purchased and kept on hand 
 at all times. Town superintendents should make arrangements 
 for steam power, contract for teams, traction engines and steam 
 rollers, and also provide for the necessary labor to carry on the 
 road work of the town. 
 
 Section 47, subdivision 3, provides that the town superintendent 
 shall divide the town into as many sections as may be necessary 
 for the proper maintenance and repair of the highways thereof 
 and the opening of highways obstructed by snow. In some towns 
 of the State it is not necessary to divide the town into sections or 
 parts as the mileage is so small all of the highway work can be 
 performed under the personal supervision and direction of the 
 town superintendent, but in the larger towns with a greater mile- 
 age, or where the mileage is so large that the work cannot be 
 
 60 
 
Tioga County. — Town of Nichols. Concrete arch over Park creek, built under direction of town superintendent, span 26 feet; 
 
 width of roadway 18 feet, extreme length 40 feet, cost $600. 
 

 
 HKPARY 
 0 i T Hi 
 
 OMVtrsiTr Of tUJNOIS* 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
61 
 
 carried on under the personal supervision of the town superin- 
 tendent, it is absolutely necessary that the provisions of the law 
 in this respect be complied with, the town being divided into 
 sections and a foreman appointed to take charge of the gang which 
 is to work in each section. The supervisors of highways and the 
 county superintendents will be required to report to this depart- 
 ment any neglect on the part of town superintendents in com- 
 plying with this provision of law. In many instances during the 
 year 1910 it was found that town superintendents had not divided 
 their towns into districts or sections, comprehensive work had 
 not been performed, unexpended balances remained in the hands 
 of the supervisor and the taxpayers of the town as well as the 
 users of the public thoroughfares were dissatisfied. In all in- 
 stances where the highway, bridge and miscellaneous report or 
 the supervisor’s books show an excessive balance remaining on 
 hand, the town superintendents will be called upon to explain why 
 they have failed to perform their duty in this respect. 
 
 Subdivision 4 of the same section provides that the town superin- 
 tendent shall employ such persons with teams and implements as 
 may be necessary for the proper maintenance and repair of high- 
 ways and bridges, etc., and that he shall file a list of the names 
 of persons so employed, with the compensation paid to each, and 
 the capacity in which they are to be employed, in the office of the 
 town clerk. This provision of law is for the specific purpose of 
 compelling the town superintendent to organize his forces earrlv 
 in the season for the highway work of the ensuing year. It has 
 been noted by the Commission that in those cases in which labor 
 or teams were irregularly employed, generally speaking the money 
 expended therefor has been wasted or worse. Many town superin- 
 tendents during the past year have been extremely negligent in 
 complying with the law in this respect and their own past ex- 
 perience is the best argument that can be advanced showing the 
 necessity for a strict compliance therewith. 
 
 The statement has been made in some towns in the State that 
 it is impossible to procure proper help to carry on the highway 
 work. This provision of law relative to the filing of a list with 
 the town clerk is for the express purpose of impressing upon the 
 minds of town superintendents the fact that provision must be 
 made in advance for help and no argument can be advanced by 
 any town officers which will convince the Commission that proper 
 help for the highway work cannot be secured for continuous ser- 
 vice if effort to secure the same is made at the proper time, just 
 
62 
 
 as the farmer or the mechanic or the manufacturer can secure 
 his help in order to carry on his work. By following out the pro- 
 vision of law in this respect no trouble will be experienced in 
 procuring labor and in prosecuting the work in accordance with 
 law and the rules and regulations of this department. 
 
 If the town superintendent appoints a town patrolman, in 
 accordance with the suggestions relative to this question on another 
 page, this should be done when the rest of the organization is 
 perfected. 
 
 After the force is organized and the work about to begin the 
 town superintendent should notify the men employed that they 
 will be paid semi-monthly, thereby establishing pay days on the 
 first and fifteenth of each month, or thereabouts, and after estab- 
 lishing these pay days the town superintendent should prepare 
 the orders on or about said dates, making the orders payable to 
 each individual and following the directions which are printed 
 on the first inside cover of the order book prepared therefor. 
 
 With the exception of the employment of a town patrolman, 
 the town superintendent must not employ labor, teams or ma- 
 chinery by the day as the account book which is furnished the 
 supervisor provides that the accounts shall be kept by the hour 
 and the orders drawn by the town superintendent must be by the 
 hour and not by the day, and all such orders must indicate the 
 road on which the work is performed. 
 
Schuyler County. — Town of Cayuta. A cheap method of handling gravel. Loading platform is put together with bolts and 
 may be easily dismantled for moving. The cost of loading the gravel as shown in this view was seven cents per cubic yard. 
 

 tlBRARy 
 Of tHE 
 
 WHivEKSIty Of ILUNOiS. 
 
UNIFORM SYSTEM OF TOWN ACCOUNTS. 
 
 Under the provisions of the highway law and by rules and 
 regulations prescribed by the Commission, a uniform system of 
 town accounts has been provided to be kept by the various town 
 officials in such manner as to enable the Commission to annually 
 tabulate reports therefrom and also in such a manner as to enable 
 the citizens of any town who are interested to satisfy themselves 
 at any time as regards the proper expenditure of town highway 
 funds for these purposes. The law also provides for a system of 
 audit and these accounts are regularly audited by the district 
 supervisor in charge of each district. With extremely few excep- 
 tions these accounts have been properly kept and' proper reports 
 have been made. 
 
 In providing for a uniform system of accounts for the various 
 towns it was necessary for the Commission as provided by law 
 to supply the supervisors with proper account books and the town 
 superintendent with order books, and also blank forms for the 
 purpose of complying with the various provisions of the highway 
 law. 
 
 In carrying out this system it has necessitated much detail work 
 and a full corps of office assistants, and, as before stated, the town 
 officials generally are entitled to the thanks of the Commission 
 for their promptness in complying with requests and in promptly 
 furnishing this much desired information. The few exceptions 
 to the rule are such that they are hardly worth commenting on, 
 and in all such cases prompt steps have been taken to compel 
 such delinquent or careless authorities to properly perform their 
 duties. 
 
 63 
 
ROAD MACHINES. 
 
 The general introduction of road machines in highway work 
 in the early eighties marked a beginning of a considerable change 
 in methods and in actual results accomplished in the highway 
 work of this State as then conducted under the so called Labor 
 System. The advantages to be gained by the use of these ma- 
 chines were very quickly recognized and developments along this 
 line were rapid. For a time the improvement in general condi- 
 tions was very marked. With their continued use under the con- 
 ditions then prevailing and in the succeeding years there has 
 been an almost universal tendency to use the road machine in 
 such manner and at such times and in such places as to produce 
 results which have been extremely unsatisfactory. 
 
 It is an opinion held by very many among those who have 
 given the subject most careful attention, that as applied to the 
 five years preceding 1908 the results throughout the State in 
 general have been such that this use has resulted in an actual 
 deterioration in the condition of the roads; that in effect not by 
 the use, but by the abuse, of the road machine a very large per- 
 centage of the money expended therefor has been worse than 
 wasted, as the roads were left in worse condition through their 
 use than they would have been had they not been touched at all. 
 There is no implement used in the repair or maintenance of high- 
 ways which when properly used results in a greater saving of 
 labor than the road machine and there is no implement by means 
 of which money may be wasted any faster and bad conditions 
 more quickly produced than by their misuse. 
 
 Recognizing the importance of the foregoing facts a line of in- 
 struction for the use of the road machine by the town superin- 
 tendent was formulated and the system as laid down by the 
 bureau has been very generally followed throughout the State 
 and with extremely satisfactory results, both as regards condi- 
 tions of roads attained and economical expenditure of the funds 
 for that purpose. The principal use of the road machine is in 
 widening and turnpiking and as applied to this class of work a 
 
 64 
 
65 
 
 road machine should never be used except suitable preparation 
 therefor has previously been made, either by fall or early spring 
 plowing, to the end that the sod and organic matter which must 
 necessarily form a part of the new road bed may be thoroughly 
 disintegrated before using. The roots of grass and weeds begin 
 their growth very quickly after the frost goes out in the spring 
 and with delay the mass of roots become tougher and more dense, 
 consequently harder to break up and smooth out when placed in 
 the road. When this growth is allowed to proceed into the late 
 spring or summer, as has been the rule rather than the exception 
 in the past, the result has been that when this mass was hauled 
 into the road by the road machine there resulted either a cloddy, 
 uneven surface or a great expense by hand labor in reducing the 
 same. This is entirely avoided by following the practice as above 
 described of plowing those portions of the sides of the road which 
 are sodded over with an ordinary land plow and giving that sod 
 time to disintegrate before using. The only exception allowable 
 in this practice is in cases where vegetable growth at the side of 
 the road does not exist or is very light, also in side hill cuts and 
 in widening or grading where the amount of sod is relatively 
 insignificant as compared to the mass of material to be moved. 
 
 Vast amounts of money and work have been practically wasted 
 in the results accomplished by the use of road machines in cases 
 where, although details of the work itself were fairly well done, 
 the result as a whole was nullified by the fact that no intelligent 
 plan was made before the beginning of the work, no alignment 
 or grades established, the work being carried on in a sort of 
 guess-twice-and-divide-by-two manner, following all the old crooks 
 and turns, leaving knolls as high or higher than they were found, 
 no attempt to fill the depressions, etc., etc. In every case be- 
 fore any piece of road machine work is begun the ground should 
 be gone over thoroughly by the town superintendent, a plan 
 formulated applying to the conditions as found, ditch lines estab- 
 lished by stakes driven at intervals frequent enough to insure the 
 alignment established thereby being followed, the width neces- 
 sary for the location being taken into consideration in establish- 
 ing these lines, cuts and fills if any determined on before a furrow 
 is turned. In every case of work of this character what is com- 
 monly known as a “ trimmer gang ” should in every instance fol- 
 low the road machine gang closely. This equipment should con- 
 sist of a good team and wagon with a dump box, driver and not 
 5 * 
 

 66 
 
 less than two laborers equipped with rakes, shovels, stone forks, 
 picks and crow bars, smoothing up, removing and carrying away 
 stones and other refuse immediately following the road machine 
 not a week after, nor two days after nor one day after, but 
 immediately. 
 
 With plans thus made and carefully followed, results are ob- 
 tained which are permanent. A piece of work thus done does 
 not have to be done at the same expense the following year which 
 has been the case in the greater part of the road machine work 
 as done under the old careless haphazard method. 
 
 A large amount of money is also annually wasted by the use 
 of an unnecessary amount of power in a large portion of the 
 work as has heretofore been done. In the past instances are so 
 common as to be the rule in which a road machine gang is started 
 out with a full equipment of men and three teams to do what 
 amounts to merely rut scraping which should be done by one man 
 and one team. Machines of light build, designed for use with 
 one team or at the most three horses, have recently been put upon 
 the market which in many localities serve a very useful purpose 
 and result in a considerable saving. The following is a picture 
 of such a machine. In cases where deep ruts have been allowed 
 to form, also in low lying clayey locations where a road that pre- 
 viously had been properly widened and crowned, has become flat- 
 tened, these machines are useful in filling deep ruts and restoring 
 the crown of the road and in the great majority of cases at least 
 one of these should be owned and used for this purpose by each 
 town. 
 
 In every case of road machine work the aim of the town 
 superintendent should be to so plan and execute the work that 
 as applied to that case with the finish of the job the road machine 
 work is ended for a long period if not forever. His aim should 
 be to put that section in such a condition that thereafter it might 
 be maintained by honing, or at the most by occasional trips with 
 the light machine shown here, and the expense of the larger 
 amount of power and larger crew forever eliminated. 
 

 
 ‘J^A/fy 
 
 °^S ir °y & 
 
 Eliots. 
 
 
 
 
 
 
MECHANICAL POWER IN HIGHWAY WORK. 
 
 The availability of steam or gasoline traction engines or road 
 rollers for use as power in hauling road machines for grading and 
 scraping is coming to be very generally recognized throughout 
 the State. The feasibility of the use of power tractors was demon- 
 strated in several towns of the State a considerable number of 
 years ago. In one town in particular in which a steam roller has 
 been used for power for the longest term of which we have any 
 accurate record, this roller has been used for sixteen years during 
 which time the expense for labor of horses as power has been so 
 insignificant as to be a negligible quantity arid for several years 
 last past no horses at all have been used but a second machine has 
 been purchased and that town now uses two steam rollers for 
 tractive purposes to the entire exclusion of horses, and at this 
 time a little more than one-third of all the towns in the State are 
 equipped with power tractors of some kind. By their use road 
 machine work is done much more cheaply thus resulting in a con- 
 siderable saving of money, or, where an equal amount of money 
 is expended as was formerly done, a correspondingly greater 
 amount of road is worked. 
 
 In addition to the economy of their use the possession of one 
 of these machines by a town, renders the town superintendent com- 
 paratively independent as regards the hire of teams, and in 
 localities where team labor is scarce or where team owners by 
 reason of scarcity are inclined to advance prices or u soldier ” on 
 the job, being in possession of steam power relieves the town 
 superintendent entirely of this embarrassment. 
 
 In heavy work where a job of widening or turnpiking is in 
 progress which involves the moving of a large quantity of earth, 
 experience has shown that this can be accomplished by the use of 
 steam or gasoline power for less than one-half of the cost of the 
 same work when done by horse power. The larger amount moved 
 at each trip, the steadiness with which machines may be kept 
 going, there being no necessity for rests or cooling off or favoring 
 teams on hot days, are the main factors in accomplishing this 
 
 67 
 
68 
 
 saving. Where lighter work is to be done two machines may be 
 drawn at one time by the roller or traction engine and in many 
 cases one trip over the road will suffice to finish the work. A 
 very common sight in towns which are using power is to see a 
 roller or engine hauling two road machines, one on each side of 
 the road, with a harrow trailing behind all, completing the job 
 as they go along. 
 
 As between rollers or traction engines for hauling purposes, 
 it is the consensus of opinion among the users of these machines 
 who have had the longest experience, that as applied to the average 
 town highway work the roller is to be preferred. Another reason 
 which it would seem should go far in determining this point with 
 town boards who are considering the matter of purchase, is this: 
 Under the present system of standardizing all highways, in four 
 or at the most, five years, practically the entire mileage of earth 
 roads of the State will be brought to a standard width after which 
 there will be but little use for the traction engine as such, whereas 
 the roller can be used upon any road from the finest macadam to 
 the poorest earth any day in the year to good advantage. There 
 may be a few instances in the State in which owing to peculiar 
 local conditions it is possible that a traction engine might do trac- 
 tive service equal to that of a roller. There also may be found a 
 few, but it must be very few, towns in which the valuation is so 
 small and the amount of money available for highway purposes 
 so little, that owing to the smaller initial cost it might be possible 
 to purchase a traction engine whereas the price of a roller might 
 be considered prohibitive, but the cases where either of these 
 conditions prevail are so few as to be exceptional. 
 
 Section 50 of the Highway Law was designed to aid towns 
 in the purchase of machinery with the idea that many towns might 
 avail themselves of its use and thus be induced to more quickly 
 fall into line in this matter. As a practical illustration of the 
 practical effect of the lease of machinery under the provisions of 
 section 50 let us suppose a case in which a town has usually ex- 
 pended say $750 for team hire for road machine work. Last 
 year that amount was paid for team labor, a certain amount of 
 road work was done, the money was gone. This year that town 
 leased a roller under the provisions of section 50, paying the lease 
 from the highway fund of which State aid forms a portion. At 
 the conclusion of work a much greater amount of road is worked 
 than had been done the previous season by horses, the money paid 
 for rental really constitutes a payment on the purchase price of 
 
69 
 
 the roller, consequently this town at the end of this year virtually 
 has its roads and has its money. 
 
 For evidences of the benefits of this system interested parties 
 need only go to any of those towns in which the practice has pre- 
 vailed for more than four years, to ascertain in what an astonish- 
 ing degree the benefits constantly increase. Aside from the vastly 
 greater amount of work accomplished for the same money in each 
 year, after the final payment has been made the expense for power 
 is practically eliminated and from that, time forward what had 
 previously been a heavy charge for teams and drivers is reduced 
 to the bare expense of running the machine. 
 
ROAD HONING OR RUT SCRAPING. 
 
 Much has been written and many theories have been advanced 
 by good roads enthusiasts, not only in the State of New York 
 but in other states as well, as to the proper means of preserving 
 the crown of earth or gravel roads, freeing the same from ruts 
 and depressions, and so forth. Printed matter in various forms, 
 and more particularly in the columns of the press, has been spread 
 broadcast in advocacy of methods of this character. In New 
 York State every imaginable device for this purpose has been 
 tested, and it has been demonstrated that without question the 
 most economical and effective way of preserving the crown of a 
 road and filling ruts and depressions is by systematic road honing. 
 
 It is not the purpose of this department to advocate the use of 
 any particular device. Some are better than others, but all are 
 good, and it has been determined to leave the selection of an 
 implement of this character solely to the judgment of the local 
 town authorities. The road hone which has heretofore been 
 known as the split log drag can be constructed very cheaply 
 (see illustration on opposite page), and one of these should be 
 provided for all road hone districts of each town of the State 
 excepting where the use of the same has demonstrated the fact 
 that a more expensive hone is more efficacious and can produce 
 better results at less expense. A hone of this kind is made by 
 splitting a log eight or nine feet in length, and ten or twelve inches 
 in diameter, in halves, which parts are placed about thirty to 
 thirty-six inches apart, with the flat sides to the front so that the 
 sharp edges will act as scrapers, and be fastened in this position 
 by crossbars. These hones can be constructed at a cost of about 
 $2 or $3 each. 
 
 Two pieces of railroad rail fastened by iron bars in the same 
 manner would make a better and more durable hone. Plank may 
 be placed on crossbars on which the driver may ride, if necessary. 
 To use it the horses are hitched so that the hone shall have a slant 
 of about 45 degrees to the direction of the pull of the team. 
 
 70 
 
71 
 
 SPLIT LOG HONE 
 
72 
 
 A still better and more effective bone is made of oak plank, 
 four inches thick and ten inches wide, faced with a cutting edge 
 of steel or iron, and beveled on the back. A heavy stick of timber 
 to smooth and compact the road may be fastened to the back by 
 means of chains about thirty inches in length. The hone is hauled 
 by a tongue fastened rigidly to the face of the plank. There are 
 several holes through this half circle spaced at equal distances, and 
 in a position to receive a bolt passing through the tongue. By 
 changing this bolt any desired slant may be given to the scraper. 
 
 In the maintenance and care of the ordinary earth road many 
 difficulties are encountered because of the want of a perfect under- 
 standing as to how to secure the hardest and most durable surface 
 with the material which is available. It has been found that an 
 ordinary earth road can be transformed into a well rounded, well 
 drained public highway, and maintained at a minimum expense 
 by the use of hones alone for smoothing and crowning the traveled 
 portions. 
 
 The highways can be maintained by the use of these hones at 
 an expense of about $5 to $6 per mile, at the same time transform- 
 ing muddy, uneven roads into thoroughfares which are smooth 
 and free from ruts and depressions. Before undertaking to use 
 the hones the road must be thoroughly drained, shaped and 
 crowned by the use of a road machine for grading and scraping. 
 The loose stones, sod and organic matter must be removed and the 
 ditches and culverts made free and clear. Then the hones must 
 be used while the road is wet from recent rains, and should be 
 honed its entire length. 
 
 Town superintendents must not permit the use of road hones 
 after the surface has become dry. It is time and money worse 
 than wasted as actual damage results from their use at such times 
 because it is productive of a dusty condition and tends to destroy 
 hardened particles of earth which might otherwise resist wear. 
 The town superintendents should bear constantly in mind the 
 fact that earth must be handled while it contains moisture if a 
 solid earth surface is desired. Consequently the only time when 
 it is proper to use a hone is while the surface of the road is actu- 
 ally wet, or, at least, moist. A town superintendent must be able 
 to comprehend the different treatment required by soils of differ- 
 ent character and work each at the state of wetness in which it 
 will work best. A gravel road must be wet at the time of honing, 
 a clay road can not be honed wet, but must be moist. 
 
73 
 
74 
 
 It has been very difficult to impress upon the minds of those / 
 
 having care of earth roads the advantage to be derived from the 
 use of hones. It seems that the hardest part is in making the 
 start; the rest is so simple that one will learn by doing it. It 
 will soon be found that the effect will be the smoothing of the 
 road surface, and after this is done the rain and snow water will 
 flow off and encourage the distribution of travel. Teams usually 
 follow the beaten track. This method destroys the old track, and 
 the new one becomes broader and less definite than before. 
 
 By using these hones while the road is yet wet or moist it 
 finally becomes a series of practically waterproof layers of puddled 
 earth, and almost imperceptibly the center is elevated to a smooth 
 grade that is not easily affected by the bad weather. One point 
 which must not be lost sight of is the fact that the puddling effect 
 of the hone when used upon a wet surface is fully as important 
 in its results as the smoothing which is accomplished. This im- 
 plement should be used when parts of the road might seem 
 altogether too wet, but usually it is impossible to commence this 
 work too soon after a rain. While the road is in this condition it 
 is better to drive down one wheel track and back on the other. 
 
 This will work the earth toward the center of the wagon track, 
 fill the depressions and gradually widen the road as the work 
 progresses. 
 
 It will be found that in honing roads, the soil conditions of 
 which are more particularly clay, while the roads are moist that 
 the ruts will be filled with mud or soft earth, which must have 
 proper time to season or harden before the passage of vehicles in 
 the same track or rut can properly be permitted. Town superin- 
 tendents are therefore urged to provide at convenient places by 
 the side of the road wooden blocks, or hardheads, ranging in size 
 of form six to eight inches or thereabouts, and as they are honing 
 the road on one side to place these blocks, or hardheads, at in- 
 tervals of 100 to 200 feet along the rut, thus forcing the travel 
 out of the ruts and giving them an opportunity to harden and 
 cure, being careful to direct the employee performing this work 
 of honing to remove these blocks, or hardheads, as soon as prac- 
 ticable and not later than twenty-four hours after honing. This 
 portion of these directions applies only to cases where a road has 
 become deeply rutted. But, generally speaking, if roads are prop- 
 erly standardized as to width and a proper system of honing 
 adopted, deep ruts will not occur and the above statement would 
 not apply. 
 
75 
 
 id 
 
 OAK PLANK HONE 
 
76 
 
 This practice will force the automobile or the heavily laden 
 vehicle to seek passage over other portions of the roadbed which 
 cannot be easily destroyed by once traveling over it. It must be 
 borne in mind that a practice of this character will inflict a tem- 
 porary inconvenience upon the user of the road, but if a road has 
 been standardized to a width of twenty-four feet between ditches 
 with a crown of one inch to the foot there is no good reason why 
 travel should not be temporarily diverted over certain portions of 
 the road to the end that the most excellent results desired may 
 be attained. 
 
 Do not be in a hurry. First, provide yourself with an imple- 
 ment of this kind, and, second, use it only the right time. Re- 
 member that the right time is just as the road is drying after a 
 rain, or when it is thawed on top during the winter and spring. 
 If these suggestions are followed it will be noticed that a practi- 
 cally waterproof surface will be produced, and that the road will 
 shed the rain instead of absorbing it, and the reason why the road 
 should be honed following a rain is so that it will be prepared to 
 shed the water that it may receive from the next rain. 
 
 Town superintendents should make arrangements with men in 
 different parts of the town to do this work. One man and a team 
 can usually cover from eight to twelve miles in a day. 
 
 Town superintendents will find that they cannot keep their 
 roads in a condition demanded by the taxpayers of the town in 
 any other manner at as small an expense. 
 
 Town superintendents should appreciate the fact that earth 
 roads will not maintain themselves and remain in good condition. 
 Even though they are properly built they require careful and 
 frequent attention, without which they will rut, forming water- 
 pockets which hold the water when as a matter of fact the water 
 should be carried to the ditches on either side. Roads in which 
 water pockets are allowed to form soon become impassable after 
 heavy rains, and particularly in the spring when the frost goes out 
 of the ground they become very rough. Therefore constant care 
 and attention should be directed toward keeping the road smooth 
 and hard, and in maintaining or increasing the crown. 
 
 As heretofore stated, this department does not advocate the use 
 of any particular device, but it is deemed highly proper that a 
 description of other machines or implements which have given 
 satisfaction should be described as far as possible in order that 
 town authorities may act intelligently. The following points are 
 to be borne in mind: 
 
77 
 
Make a hone which can be hauled over the road at an angle so 
 that a small amount of the earth is pushed to the center of the 
 road. 
 
 Drive a team at a walk, and let the driver ride on the hone. 
 
 Begin at one side of the road or wheel track, returning on the 
 opposite side. 
 
 Hone the road as soon after every rain as possible but not when 
 the mud is in such a condition as to stick to the hone. Do not 
 hone a road when dry. 
 
 Hone whenever proper at all seasons of the year. If a road is 
 honed immediately before a cool spell it will freeze in a smooth 
 condition. 
 
 The width of the traveled way to he maintained by the hone 
 should be from eighteen to twenty-four feet; first hone a little 
 more than the width of a single wheel track, then gradually in- 
 crease until the desired width is obtained. 
 
 Always hone a little earth toward the center of the road until 
 it is raised, forming a crown of at least one inch fall to the foot. 
 If the hone cuts too much, shorten the hitch. 
 
 The amount of the earth that the hone will carry along can be 
 very considerably controlled by the driver accordingly. When the 
 roads are first honed after a very muddy spell wagons must drive, 
 if possible, to one side until the roadway has a chance to freeze 
 or dry out. 
 
 The best results from honing are obtained by a repeated appli- 
 cation. Constant attention is necessary in order to maintain an 
 earth road in its best condition. 
 
79 
 
TOWN PATROLMAN. 
 
 The blank form of agreement which must be entered into by 
 and between the town board and the town superintendent as pro- 
 vided by law for the year 1911, will provide for the setting aside 
 of sufficient funds to enable the town superintendent to appoint 
 a town patrolman. This system has been given a trial in a few 
 towns of the State and has proved so successful that the town 
 authorities throughout the State are particularly requested to 
 adopt the plan for a try out for at least one season. 
 
 It has been demonstrated beyond any question of doubt that 
 the patrol system adopted in the maintenance of State and county 
 highways has proved to be exceedingly efficacious, and it is 
 believed that the same system carried into force and effect in the 
 maintenance and care of the main town highways will result in 
 greater economy of maintenance and a better condition of such 
 main highways in each town. 
 
 In the directions for the guidance of town superintendents and 
 in the preparation of orders and account books for a uniform 
 system of town accounts the plan has been adopted to employ all 
 labor and teams by the hour and not by the day. An exception 
 to this rule can be made in the appointment and employment of a 
 town patrolman. It has been ascertained that a good man, with 
 the proper equipment consisting of a good horse, and wagon with 
 dump box, or a cart, a one horse plow and the necessary small 
 tools, can be hired according to the locality at prices varying from 
 $60 to $75 per month. 
 
 At the time of the appointment of the patrolman by the town 
 superintendent he should be given to understand that he is to give 
 his entire time to the work from the time of the appointment in 
 the spring till the closing of the season in the fall, and that his 
 pay is to be by the month and not by the day or hour ; that he is 
 to give his particular attention to such main roads as may be 
 designated by the town superintendent; that it shall be his duty 
 on such roads to keep clean the ditches, open culverts, remove 
 loose stone from the beaten track of the highways, fill depressions 
 
 80 
 
81 
 
 and repair approaches to bridges and culverts, and to make re- 
 pairs to culverts (not bridges), in accordance with the directions 
 of the town superintendent, and should be given to understand 
 that his particular attention and services are required on these 
 highways immediately following heavy storms and during con- 
 tinuous rains, as there is no other time when defects and water- 
 pockets can be so promptly discovered and proper remedies 
 applied. 
 
 The particular attention of the town authorities is directed to 
 the fact that the town patrolman, if appointed, is not to be 
 attached to, or become a part of, any other town highway working 
 force, but that it would be perfectly proper and the town superin- 
 tendent is urged to, whenever in his judgment it seems wise, 
 assign to the patrolman the services of a helper, such helper to be 
 paid by the hour and not by the day. Under no circumstances 
 should an attempt be made by the town superintendent to detail 
 any individual from any regularly organized forces as a patrol- 
 man temporarily, because a patrolman when appointed must neces- 
 sarily be engaged in doing patrol work and should be required to 
 do no work of any other kind. Particular attention is called to 
 the fact that in the appointment of a town patrolman that he 
 should form no part of any organization for road honing. 
 
 In towns where this plan has been adopted it has proven a wise 
 and economical measure and much better general results as a 
 whole are attained in such towns. It has been found that the 
 roads are kept in smoother condition satisfactory to the users of 
 vehicles of all kinds, heavily laden as well as pleasure vehicles, 
 and the figures of maintenance cost as a result of the adoption of 
 this system have been a source of surprise even to the prime 
 movers in its adoption when compared with the results obtained. 
 
 6 
 
REMOVAL OF OBSTRUCTIONS CAUSED BY SNOW 
 BY THE USE OF SNOW ROLLERS OR PACKERS. 
 
 In the northern counties of this State it has been the practice 
 in many instances to roll snow. This method has been extremely 
 successful. It has also been the practice in Wisconsin, Michigan, 
 Vermont and other States, and the system has been so general in 
 some localities that manufacturers of road machinery are advertis- 
 ing and putting on the market rollers for this specific purpose. 
 The practice of rolling snow has been in vogue in Vermont for 
 about twenty years, and is now almost universal, particularly in 
 the eastern half of the State. 
 
 The advantage over other methods of removal of obstructions 
 caused by snow is that a hard, wide and level track is made, which 
 permits teams to pass one another without inconvenience or dan- 
 ger, the snow being compacted for a width of eight to ten feet, or 
 thereabouts, and is therefore smooth on either side of the beaten 
 path, and when new snow strikes this smooth rolled surface, it is 
 easily blown away and gives little or no trouble. Sleighing re- 
 mains good as long as any snow remains. In the spring, when 
 snow is melting, little inconvenience is experienced, as the beaten 
 track remains compact and hard and will sustain the traffic until 
 the roadbed is exposed. 
 
 The principal object derived from rolling snow in these coun- 
 ties is to build up the track to a height where the drifting snow 
 will not stop in the beaten pathway. 
 
 All those who have followed this practice agree that the best 
 results are obtained by rolling immediately after the first snow- 
 fall and continuing after all succeeding falls of eight inches or 
 more, and also after all heavy winds. In this way the track is 
 kept hard from the bottom, and, as heretofore stated, during thaws 
 or in the spring when the final thaws come, no trouble is exper- 
 ienced from “ breaking through ” or “ slumping.” 
 
 82 
 
A Snow Roller 
 

 
 
 08 
 
 c\T* 0‘ 
 
 \U 
 
 
 
 
 
 
 
 
83 
 
 Complaints have been made that on State highways constructed 
 or improved by the State, county highways constructed or im- 
 proved at the joint expense of State, county and town, and town 
 highways, those constructed or improved by the town with the aid 
 of the State, by the use of stone or gravel, the snow has blown 
 away, thus leaving the roadbed bare in spots. Rolling, as soon as 
 the snow has accumulated on the surface, will pack and retain the 
 same upon the surface. This is substantiated by the special re- 
 port regarding this question in llarriettstown, Franklin county, 
 which follows: 
 
 “ Rollers in use are of wood and of a diameter varying from 
 8 V 2 to 6 feet, and with a length of 6 to 12 feet, which may be 
 constructed by local mechanics. The average weight of a 10-foot 
 roller, 5 feet in diameter, is about 3,800 pounds, and the average 
 cost of the same is $35. Usually they are not longer than 10 feet, 
 but many are 8 feet in length. There seems to be a sentiment 
 among those who have had experience that rollers of from 8 to 10 
 feet produce the best results at a fair average cost.” 
 
 Following is an illustration of one method of constructing a 
 
 snow roller. 
 
 Experience has demonstrated that a roller with solid ends is to 
 he preferred to the one here shown. For the ends of the cylinders 
 circles cut from two thicknesses of two-inch plank bolted together 
 crosswise are to be preferred to the open iron ends here shown. 
 
 It will be noticed in some of the following reports that plows 
 are mentioned, which are implements built especially for opening 
 roads through deep snows. These are in use to some extent in 
 northern counties. They are quite massive affairs, requiring 
 from four to eight horses to draw them, and varying in cost from 
 the simple, home-made plow built at a cost of about $50, to the 
 massive affair used in Canada, which costs about $250. 
 
 In this State town officials who have had experience in rolling 
 snow agree that the advantage of rolling over that of plowing, or 
 any other system, is very great. In verification of this statement 
 Mr. John Redwood, supervisor of the town of Santa Clara, Frank- 
 lin county, whose postoffice address is Bay Pond, N. Y., makes 
 the following statement: 
 
 “ One important consideration is that plowing, especially in 
 localities where the snow fall is heavy, has the effect of making a 
 
84 
 
 O 
 
 oc 
 
 £ 
 
 o 
 
 CO 
 
85 
 
 channel in the center of the highway in which it is natural that the 
 water from the melting snow will follow during a thaw. When 
 the spring thaws come, the volume of water flowing along this 
 channel, made by the snow plow, oftentimes washes out the center 
 of the road, as that, of course, becomes bare first, and in very 
 many cases when the snow is gone the road is found to be destroyed 
 and must be returnpiked.” 
 
 The same opinion is expressed by all of the supervisors and 
 town superintendents who have had this experience. 
 
 Mr. Redwood also stated that, “ One day in February, 1908, I 
 started to drive from Bay Pond to Paul Smith’s. The snow was 
 deep and the road had been plowed several times, making an ex- 
 cellent track but with very high banks on each side. On the way 
 I met two loaded teams ; no way could be devised for passing, and 
 the plowed track was so narrow and the sides so high that I could 
 not, after unhitching my own horses get back past my cutter.” 
 
 Instances of this kind are common, and teamsters traveling 
 plowed roads make a practice of always carrying a shovel on their 
 loads. When two loaded teams meet at a point between two turn- 
 outs the drivers have to shovel a place wide enough for them to 
 pass ; a matter of no small amount of labor where the snow is five 
 feet deep and well frozen. 
 
 In some localities snow packers are used and reports regarding 
 same have been received. The effect of the packer is practically 
 the same as that of the roller, and in view of the fact that so many 
 of the users of the roads where it has been in operation speak so 
 highly of its merits, it would seem that they are worthy of investi- 
 gation. 
 
 To the end that as complete information as possible may be 
 given town officials of all the towns of this State, an inspector was 
 detailed to make a thorough investigation and to make a careful 
 report, extracts from which are appended, viz: 
 
 “ Town of North Elba, Essex County, W. J. Washburn, Town 
 Superintendent, postoffice address, Newman, N. Y. 
 
 Mr. Washburn states that during the winter of 1907-1908, 
 about twenty miles of main road were rolled ten times, and about 
 ten miles of by-roads eight times, this being sufficient to keep 
 these roads in good traveling condition all winter. The road from 
 
86 
 
 Lake Placid to Keene (stage and mail route), a distance of twelve 
 miles, was kept in fine condition during the winter of 1907 and 
 1908, at a total expense of $80.” 
 
 The inspector in his report further states : 
 
 “ To observe the effect of thawing on deep snow which had been 
 rolled, I drove out a short distance from Lake Placid on the hill 
 road where a heavy body of snow had accumulated. Less than a 
 mile from the village was a place where for about one hundred rods 
 the snow was from seven feet to ten feet deep in the track. This 
 was on January 5, 1909, the second day of the thaw, which came 
 the first week in January, and considerable rain had fallen during 
 the night of the fourth and the forenoon of the fifth. Teams of 
 all descriptions, double, single, light and heavily loaded, were 
 passing over this road with no difficulty whatever. 
 
 I talked with several citizens, taxpayers of this town, and they 
 were unanimous in the opinion that rolling was preferable to any 
 other method known at present for handling snow. Previous to 
 rolling, the roads of this town had been plowed and shoveled. 
 How the plows are not used at all, except in the spring after the 
 main body of snow is gone, when they are sometimes used to break 
 through heavy banks so as to allow wagons to pass easily.” 
 
 Town of Harriettstown, Franklin County, Mr. A. S. Whitman, 
 Town Superintendent, postoffice address, Harriettstown, H. Y. 
 
 Mr. Whitman, as town superintendent, has rolled snow in his 
 town two winters. He uses an ordinary iron land roller, such as 
 are made by nearly all manufacturers of agricultural implements. 
 He thinks that a regular snow roller would be much better, but 
 considers the land roller much ahead of plows or shoveling. Lack 
 of funds has prevented the purchase of snow rollers, which they 
 hope to buy another year. 
 
 Seven miles of the worst road in the town were cared for dur- 
 ing the winter of 1907-1908, at a total cost of $50. The total 
 cost of caring for all main and by-roads which were rolled during 
 the winter of 1907-1908 was $125. In addition to this, a few 
 miles in another part of the town were plowed and shoveled, the 
 expense per mile being about double that of those rolled. This 
 town was visited on January 6, 1909, that being the third day 
 of the thaw. 
 
 The inspector says : “ I drove to Harriettstown from Lake 
 
 Clear, the first part of the way being through open country — 
 level and no fences. For two or three miles from Lake Clear the 
 
Side View of a Snow Packer. 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 LIBRARY 
 
 
 OF 1HE 
 
 UNlVFfWTY O* lU'NOtS. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
87 
 
 snow at either side of the track and in the adjacent fields was 
 practically all gone, but in the track, which had been rolled, the 
 sleighing was good. This, I think, shows that the claim made 
 by advocates of rolling, that compacting the snow prevents its 
 melting as rapidly, is proven. Nearing Harriettstown I passed 
 over drifts in which the snow was from three feet to four feet 
 deep in the track. This section showed some signs of softness, 
 but not to any dangerous or disagreeable extent, and proves, I 
 think, the superiority of the heavy roller which, by reason of its 
 greater weight, leaves the snow in so much harder and unyielding 
 condition.” 
 
 * 
 
 He states that Mr. Whitman says, as do all of the other town 
 superintendents whom he has seen, that rolling preserves the snow 
 in thin places to the latest possible date, and serves an important 
 purpose, as it makes it possible to move loads on sleighs continu- 
 ously very close to the time of wagoning. 
 
 Town of Duane, Franklin County, Mr. Clinton Ladd, Town 
 Superintendent, postoffice address, Duane, N. Y. 
 
 The winter of 1907-1908 was the first in which this town rolled 
 snow. In that winter one roller was used, that being a home- 
 made wooden roller, five feet in diameter, twelve feet long, and 
 in two sections. This winter they are using three rollers of 
 similar pattern to the first, but Mr. Ladd thinks that rollers ten 
 feet in length would be preferable on many roads, as a ten-foot 
 track is sufficient to accommodate ordinary conditions of travel 
 and less trouble is experienced in getting a ten-foot roller through 
 narrow roads and between the rails of narrow bridges. 
 
 Previous to 1907-1908 the roads were plowed and shoveled, 
 but as the town was then under the labor system comparative 
 figures of cost could not be given. During the winter of 1907- 
 1908 ten miles of road through open country, which drifted badly, 
 were rolled regularly and were kept in good condition throughout 
 the entire winter for a total cost of $55. 
 
 In one section of the town, during the winter of 1907-1908, 
 three miles of road were kept open by plowing, at an expense of 
 a little over $30. Five miles of the same road immediately 
 adjoining and of similar character were rolled and kept in better 
 condition than that which was plowed, at an expense of $28. 
 
 Here is an excellent instance of comparative cost, as conditions 
 were identical: 
 
 Plowing and shoveling for the entire winter cost $10 per mile. 
 Polling for the entire winter cost $5.60 per mile, and a better 
 track was maintained by rolling than by plowing and shoveling. 
 
88 
 
 Some of the roads in this town drift very badly and Mr. Ladd 
 stated that it often happens that after a hard blow places are 
 found where it is impossible to drive through with the roller. 
 In such cases the teams are unhitched and driven through empty, 
 thus making a path through which they can pass when hitched to 
 the roller. Sometimes places are found where it is impossible 
 to get a horse through, even when unhitched, and in such case a 
 track is first wallowed out by the men or broken out by other 
 means. 
 
 The same statement in regard to rolling having the effect of 
 preserving the snow in thin places is made by Mr. Ladd as by 
 other town superintendents whom I have seen. That the town 
 officials and citizens of Duane are pleased with the system is 
 best evidenced by the fact that this winter they are using three 
 snow rollers, whereas they had hut one last winter. 
 
 The inspector in his report states that he “ talked with several 
 mail carriers who handle mail from railroad points to inland 
 towns, hack in the mountains, and all are enthusiastic in praise 
 of the system of rolling as against any other which has been prac- 
 tised in this region.” 
 
 Town of Brighton, Franklin County, Mr. B. A. Muncil, Town 
 Superintendent, postoffice address, Paul Smith’s, N. Y. 
 
 The town of Brighton has practiced snow rolling for five years, 
 the rollers used being ordinary wooden rollers, five feet in di- 
 ameter, one of eight and one of ten feet in length. 
 
 All of the main roads in the town are rolled, the cost for five 
 years being an average of a trifle over $5 per mile. 
 
 Previous to beginning the practice of rolling, this town, in com- 
 mon with others in Franklin county, used plows and shovels. 
 Since beginning the rolling they have not used them at all. In 
 the winter of 1905-1906 an implement was put in use on the roads 
 of this town known as the “ snow packer,” the principle of oper- 
 ation being similar to that of a stone boat. For the three years 
 last past, nine miles of road in the town were kept in order by 
 the use of these packers. The results are very satisfactory, the 
 cost per mile being a little less than that of the roller. 
 
 Town of Highmarket, Lewis County, Mr. Anthony Dolan, 
 Town Superintendent, postoffice address, Const ableville, N. Y. 
 
 This town has practiced rolling snow for three years, this winter 
 being the fourth. The practice was begun by volunteer work on 
 
89 
 
 the part of several farmers and teamsters in different parts of the 
 town, who obtained their ideas of the benefits of the system from 
 some of the towns in Franklin county and also in Vermont. 
 
 No money from town funds has been paid for the work during 
 those three years. Previous to the beginning of rolling the work 
 has been done by plowing and shoveling. The results of the ex- 
 periment in rolling were so satisfactory that the practice was 
 enlarged until it covered practically the whole town. The town 
 is now divided into snow districts, each being in charge of a man 
 who contracts to keep his “ beat ” or district rolled for an agreed 
 price for the winter, the price for this winter being $6 per mile. 
 Sixteen rollers are in use and about forty miles of road are being 
 regularly rolled. This comprises all of the important roads in the 
 town, the balance being cross-roads and branches of minor 
 importance. 
 
 Several of the roads being rolled are rural free delivery routes, 
 and, so far, no trouble has been experienced in maintaining the 
 regular service. 
 
 In the winter of 1907-1908 the rural free delivery carrier on 
 Route No. 1 out of Constableville missed no trips on account of 
 snow blockades. Route No. 1 lies mainly in the eastern part of 
 the town and is twenty-five miles in length. 
 
 Route No. 2 crosses the town of Highmarket and goes a short 
 distance into the town of Lewis, returning through Highmarket, 
 and is twenty-five miles long. This is a bad route and runs 
 through some of the most difficult portions of the town, deep snow 
 and bad drifts prevailing over the major portion. The carrier on 
 this route missed two trips in the winter of 1907-1908, these being 
 on days when blizzards prevailed, and it was impossible to work 
 teams on the rollers while the storm was raging. As soon as the 
 blow was over, the rollers were started and the roads immediately 
 opened. The system is so well thought of that the farmers and 
 teamsters and lumbermen have voluntarily built all the rollers now 
 in use, so when the town assumed the expense, the rollers were 
 already on the ground and the town owns no rollers at all. 
 
 The inspector states that he talked with several lumbermen and 
 liverymen, and with the local physician at Constableville, and 
 they unite in the opinion that it is the only way to deal with the 
 snow problem. The liverymen at Constableville are so much 
 pleased that they are donating the service of a man and team from 
 each stable after every snowfall to the town of West Turin, which 
 has begun the practice this winter and is carrying it out mainly 
 by volunteer work. 
 
90 
 
 He also states tie drove from Lyons Falls to the village of Con- 
 stableville on Monday, January 25th, and one feature of rolling 
 which he mentioned in former reports was amply confirmed ; that 
 is, the effect of rolling in preserving the snow in thin places during 
 a thaw. The track for quite a distance out of Lyons Falls showed 
 very plainly that, except for rolling, it would have been absolutely 
 bare. The snow at the roadsides and in adjacent fields was en- 
 tirely gone. The liveryman at Lyons Falls who drove to- Con- 
 stablevi-lle on Monday afternoon was loud in his praise of the 
 system, and said that the lumber company that is carrying on 
 large operations in the country to the southeast of Lyons Falls 
 is using rollers this winter on its logging roads. 
 
 The rollers in use in Highmarket are of various sizes, ranging 
 from three feet to five feet in diameter and from six to ten feet 
 in length. 
 
 With rollers of six feet and eight feet in length, the common 
 practice is to drive the “ near ” horse in the “ off ” track going 
 out, or vice versa, and the same coming back, thus rolling a track 
 about twelve feet wide with an eight foot roller and fourteen feet 
 with a ten foot roller. Experience has demonstrated that the 
 ten foot roller, made in two parts, is preferable for the majority 
 of roads. 
 
 The following is a copy of a letter which explains itself : 
 
 “ Jeffersonville, FT. Y., Feb. 6, 1909. 
 
 “ Mr. S. Percy Hooker, Chairman, Albany , N. Y.: 
 
 “ My Dear Sir. — I did not reach home until last evening and 
 consequently have been unable to procure the figures on snow 
 shoveling. However, I will state that there can be no fair com- 
 parison between the cost of shoveling the snow and rolling it, for 
 the reason that the actual results cannot be accurately measured 
 and are entirely in favor of rolling. 
 
 “ During the past two winters we have stored a roller on the 
 apex of a hill dividing the two valleys which run through our 
 town, and after a snow fall, or wind storm if there is snow on 
 the ground, a party living at that point takes his team and rolls 
 the roads ; four roads meet at this point and it is down hill in each 
 direction. After making a trip down one road it will be easy for 
 him to get back, procuring an additional team if necessary, and 
 then he can roll down another road and thus continue until the 
 roads are all opened. 
 
 “ I presume that in almost all the towns a number of these 
 advantageous points can be selected from which to begin operations. 
 
A Snow Packer in Use. 
 
LIBRARY 
 01 THE 
 O' 1 
 
91 
 
 “ The old method of shoveling snow where it was too deep or 
 where it had drifted in is really only a temporary relief, frequently 
 not lasting until the return trip of the party doing the work; at 
 the same time it is the means of erecting insurmountable barriers 
 on either side of the road. 
 
 “ It would be only a waste of time to dwell upon the many 
 advantages of rolling, for its producing a solider and wider road- 
 bed, a longer continuance of sleighing, a better protection of the 
 roadbed, thereby reducing the amount of wash and a nonerection 
 of banks on each side of the road to catch more snow, must be 
 apparent to all. 
 
 “ The system of shoveling is ancient and should be prohibited 
 except where absolutely necessary. 
 
 “ I would suggest that you make experiments as to weight, size 
 and construction of a roller best adapted to the' various kinds of 
 road as found in the different sections of the State and report your 
 findings, together with the recommendation that only such rollers 
 be purchased as the report shows are adaptable. 
 
 “ There will be many of these rollers purchased in the near 
 future and it will be much cheaper for your department to in- 
 vestigate the matter thoroughly than to have each town determine 
 what is best experimenting itself. 
 
 “ Yours very truly, 
 
 “( Signed) V. SCHEIDELL” 
 
 From the above information, the results obtained by the prac- 
 tice of rolling snow is of much interest to the towns in central 
 and southern New York, and seems to have clearly proven the fact 
 that rolling preserves the snow and maintains an excellent track. 
 This is an important consideration in towns where the condition 
 frequently occurs, that the valley roads and the roads improved by 
 the State are so nearly bare of snow as to make the hauling of 
 loads impossible, while the hill roads immediately adjacent are yet 
 so full of snow as to prevent the use of wagons. Rolling in towns 
 where these conditions occur would preserve the snow track to the 
 latest possible date. In a majority of seasons it would be possible 
 to hold the sleighing on the valley roads and on the roads improved 
 by the State until the thaw has so reduced the snow on the hill 
 roads that they might easily be opened to admit the passage of 
 wagons all the way. 
 
 Another good effect would be the preservation of a snow and ice 
 coating on roads either macadam or dirt to the latest possible 
 
92 
 
 date, thereby doing away in a measure with the softening effect of 
 alternate freezing and thawing. 
 
 It is an easy matter for towns in the central and southern 
 portions of the State to make experiments of this character by 
 using the ordinary land roller, provided they did not care to con- 
 struct one in accordance with the plan herein contained. These 
 rollers, while not producing as good results as those which are 
 larger and heavier, would at least serve for experimental purposes 
 along this line in those counties, and it would easily demonstrate 
 whether the system would be productive of results in those locali- 
 ties which would warrant the expense of larger and heavier rollers. 
 

 Snow Roller in Use. 
 

 UHPA8Y 
 0» l HE 
 
 UNIV£Kt>fT y or iluNOIS. 
 
 
 
 
 
 
 
 
 
 
 
 
INVENTORY AND STORAGE OF TOOLS, 
 IMPLEMENTS AND MACHINERY. 
 
 As required by law the town superintendent must annually 
 make an inventory of all tools, implements and machinery owned 
 or leased and in the possession of the town, and provide a suitable 
 place for housing and storing the same. If the town boards fail to 
 provide tool and machinery houses for such specific purpose, the 
 town superintendent must either rent or provide in some other 
 way for suitable storage. Any expense that the town superin- 
 tendent may be called upon to incur in complying with the pro- 
 vision of law in this respect is a town charge and if there is any 
 disposition on the part of the town board to fail to provide funds 
 for payment therefor there is no question that the bills thus in- 
 curred are legitimate and can be collected by due process of law. 
 
 03 
 
INJURIES TO HIGHWAYS AND BRIDGES. 
 
 In every community there is a class of people who have no re- 
 gard for the rights of others and the sooner drastic steps are taken 
 by State, county or town officials in giving such individuals to 
 understand that the people’s rights must be protected, the better 
 it is in every case for all concerned. Complaints have been re- 
 ceived from nearly every section of the State to the effect that 
 either individuals or corporations were abusing their privilege of 
 the use of the highway. This more particularly applies to the 
 use of extremely heavy motor-drawn vehicles and unreasonably 
 heavy loads upon narrow ties. 
 
 It is reasonable to presume that the surface of a road should 
 be of such nature or character that it will stand a pressure of from 
 250 to 300 pounds to the lineal inch and it is also as reasonable 
 to presume that any load drawn or propelled over the highway 
 and bridges of sufficient weight to produce a pressure much in ex- 
 cess of this is excessive and destructive. To illustrate, an ordinary 
 wagon with four-inch tires, carrying two tons, would produce a 
 lineal inch pressure of 250 pounds without taking into considera- 
 tion the weight of the wagon. 
 
 With a generally improved condition of the public thorough- 
 fares of the State, either town, county or State highways, the 
 honest and considerate user of the same will not presume and 
 others should not be allowed to exceed these limits. It is pro- 
 vided by section 78 of chapter 16, constituting chapter 11 of the 
 Consolidated Laws, that the board of supervisors may enact local 
 and private laws regulating the width of tires used on vehicles 
 built to carry a weight of 1,500 pounds or upwards and may pro- 
 vide penalties for the violation thereof. 
 
 Therefore the boards of supervisors of the respective counties 
 of the State are urged to adopt a county-wide tire act. 
 
 In one of the counties of this State the county superintendent 
 and his assistants made a careful estimate showing the misuse 
 of a public thoroughfare within that county by the user of a 
 
Monroe County. — Paving of McClintock’s cubes. 
 
iWW 
 
 of 
 
 
 o* 
 
 
 *<MS. 
 
 
 
 
 
 
95 
 
 traction engine and after thoroughly investigating and making 
 a careful estimate of the damage done by this one piece of machin- 
 ery, it was shown that one trip through the town in the county 
 in question the damage to the main public thoroughfare was more 
 than enough to pay for the engine itself. 
 
 Individuals who are using traction engines for the purpose 
 of hauling loads of various character and description should be 
 given to understand that there is a limit beyond which they should 
 not go. This will apply not only to the quarry men, to the thresher, 
 but particularly to contractors who are engaged in the construction 
 of State and county roads and in the destruction of town roads 
 by the hauling of machinery which is in- frequent use. 
 
 Tor the guidance of county and town officials and 'more par- 
 ticularly for the town superintendents, particular attention is 
 called to section 330 of the Highway Law as amended by the 
 Legislature of 1910, for the express purpose of clothing him with 
 power to act in cases of this kind. This section of the Highway 
 Law reads as follows: 
 
 “ Injuries to Highways , Whoever shall injure any highway 
 or bridge maintained at the public expense, by obstructing or di- 
 verting any creek, water-course or sluice, or by dragging logs or 
 timber on its surface or by drawing or propelling over the same 
 a load of such weight as to injure or destroy the culverts or bridges 
 along the same, or of such weight that will destroy, break or injure 
 the surface of any improved state, county or town highway, or by 
 any other act, or shall injure, deface or destroy any mile-stone or 
 guide-post erected on any highway, shall for every such offense 
 forfeit treble damages.” 
 
 The town superintendent would undoubtedly be negligent in 
 his duty as such if he did not attempt to enforce the provisions of 
 the above section and in fact the law is explicit on that point. 
 Subdivision 1 of section 47 provides, that the town superintendent 
 shall have care and superintendence of the highways and bridges 
 in the town. Subdivision 12 provides, that he shall collect pen- 
 alties prescribed by this chapter, and section 73 provides, that the 
 town superintendent shall bring an action in the name of the 
 town against any person or corporation to sustain the rights of the 
 public in and to any highway in the town and to enforce the per- 
 formance of any duty enjoined upon any person or corporation in 
 relation thereto and to recover any damages sustained or suffered 
 or expenses incurred by such town in consequence of any act or 
 omission of any such person or corporation in violation of any 
 
96 
 
 law or contract in relation to such highway. It, therefore, appears 
 that the town superintendent is not only clothed with proper 
 authority to enforce the law but the law is specific in that it is 
 mandatory and the town superintendent must perform his duty 
 in this respect. 
 
 It would seem after studying this question carefully that the 
 easier and better course of procedure on the part of a town super- 
 intendent where highways, culverts or bridges are injured within 
 the meaning of section 330 of the Highway Law, would be that he 
 should first attempt to effect an amicable settlement with the 
 offender and failing to effect such settlement he is certainly clothed 
 with the authority, and it is his duty, to repair such damage, keep- 
 ing an accurate account thereof and then to commence an action 
 against the offender in the name of the town for treble the amount. 
 
Monroe County. — Superintendent McClintock’s cube factory. 
 
i s?'£ ^ 
 
 - 
 
 he 
 
 V 
 
 
 
 
CULTIVATION OF CROPS WITHIN THE BOUNDS 
 OF THE HIGHWAY. 
 
 It is a common practice in many towns of the State for the 
 owners or occupants of property to plow or cultivate lands within 
 the bounds of the public highway. Practices of this kind should 
 be encouraged to the extent that it may ultimately result in clear- 
 ing the highway of weeds and brush and seeding the same in order 
 that its general appearance may be beautified, thus giving an im- 
 pression of care, thrift and prosperity. County and town super- 
 intendents could occasionally employ their time to no better ad- 
 vantage than by calling the attention of owners or occupants to 
 the fact that if they will take the pains to cultivate the land within 
 the bounds of the highway and seed the same they themselves will 
 ultimately profit by such a course, not only by being able to secure 
 a direct revenue from it but by putting themselves in such a 
 position that they will not he called upon as required by law to 
 cut and remove noxious weeds, briers and brush during the months 
 of June and August. 
 
 Owners or occupants of lands in many instances in many towns 
 have abused their rights under the law and even have gone so 
 far as to violate the law in that in the cultivation of such lands 
 they have been careless and negligent by plowing into and through 
 the ditches, thus obstructing the natural water courses, and also 
 by seriously interfering with the town superintendent or his em- 
 ployees in the proper maintenance and care of the public highways. 
 Generally speaking, a friendly word of caution or a little care on 
 the part of the town superintendent in a courteous way informing 
 such owner or occupant as to his rights and the application of the 
 Highway Law, will produce the desired result. 
 
 The farmer who is desirous of improving and beautifying his 
 property, provided he has been informed by the town superin- 
 tendent as to his rights and duties, will not assume to perform 
 work of this character in violation of the spirit and intent of the 
 law, and the careless, shiftless or wilful owner or occupant who 
 has no desire to be a law-abiding citizen and no respect for the 
 
 7 
 
 97 
 
98 
 
 rights of others, must not be permitted to violate the law by 
 obstructing ditches in this way or by any other act, such as piling 
 logs, lumber or wood, or placing other obstructions within the 
 bounds of the highway. Whenever a town superintendent finds a 
 ditch filled up by plowing or otherwise he is directed by the rules 
 and regulations of the Commission, and not only that but it is 
 his duty as prescribed by law, to cause the removal of such ob- 
 struction. A careful and conscientious town superintendent would 
 first undertake to amicably settle questions of this character but 
 whenever or wherever he finds that he cannot persuade the owner 
 or occupant to perform his duty by removing such obstruction 
 it is the duty of the town superintendent to cause work of this 
 character to be performed, keep a careful account of the cost 
 thereof and to commence an action in the name of the town against 
 such owner or occupant for three times the cost thereof. 
 
 In the cultivation of land within the bounds of the highway 
 the owner or occupant would have no authority or right by law 
 to plant any kind of a crop or to grow anything that will in any 
 way interfere with the rights of the traveling public in the use 
 thereof. 
 
Franklin County. — Town of Franklin. Crushed stone road one mile in length built by town superintendent 
 in three courses, rolled separately. Metal, 12 feet wide, 10 inches to 14 inches deep. Cost $2,800 including rental 
 of crusher and roller. Location so stony that greater part of shaping was necessarily done by hand. 
 
LIBRARY 
 Of THE 
 
 UNIVERSITY Of lU’NOIS. 
 
 
 
 
 
 
COMPLAINTS. 
 
 A more active interest in the condition of the highways on the 
 part of residents of the towns and users of the public thorough- 
 fares would be appreciated by the Commission. All complaints 
 or letters containing information should be addressed to the 
 Bureau of Town Highways, Albany, Hew York, and upon receipt 
 of any reasonable complaint immediate steps will be taken to 
 investigate the matter and if found to be justified, steps taken for 
 the correction of the same. People are requested to commend or 
 criticize such features of the town highway work as they may 
 consider deserving of either. 
 
 99 
 
AGREEMENTS. 
 
 r 
 
 The town board and the town superintendent constitutes a 
 board for the purpose of determining the places where and the 
 manner in which highway moneys shall be expended, thus calling 
 for an agreement to be entered into by and between the town board 
 and the town superintendent, and the agreement entered into by 
 this board must be approved by the Commission before the same 
 shall take effect. Unquestionably the intent of the law wherein 
 it provides that the agreement shall be approved by the Commis- 
 sion before the same shall take effect, was for the express purpose 
 of precluding the possibility of expenditure of highway funds 
 except in the line of good practices and in the general interests 
 of the people of the respective towns of the State. Unless the 
 agreement be approved by the Commission it naturally and neces- 
 sarily would be inoperative. Section 15 of the Highway Law, 
 which defines the general powers and duties of the Commission, 
 provides that it shall have general supervision of all highways 
 and bridges which are constructed, improved or maintained in 
 whole or in part by the aid of State moneys. It also provides that 
 the Commission shall prescribe rules and regulations not incon- 
 sistent with law; that it shall compel compliance with laws, rules 
 and regulations relating to such highways and bridges by highway 
 officers, and see that the same are carried into full force and effect. 
 It is, therefore, unquestionably the bounden duty of the State 
 Highway Commission to carefully scrutinize such agreements and 
 wherever or whenever it is apparent that the agreement has not 
 been carefully entered into or that any portion of the same calls 
 for an unwarranted expenditure of funds or for a special kind 
 of improvement that is not to the common interest of the tax- 
 payers, it is then the duty of the Commission to disapprove of 
 such agreement and to insist that a proper agreement be entered 
 into. 
 
 Section 33 of the Highway Law provides that the county super- 
 intendent shall have general charge of all highways and bridges 
 
 100 
 
101 
 
 within his district or county and see that the same are improved, 
 repaired and maintained as provided by law and have the general 
 supervision of the work of constructing, improving and repairing 
 bridges and town highways in his county. Owing to the fact that 
 the county superintendent is to have general supervision of the 
 public highways and is by law subject to the rules and regulations 
 of the Commission, it has been deemed proper that all agreements 
 entered into shall be first transmitted to the county superintendent 
 for his approval or criticism as the case may be, before the same 
 shall have been forwarded to the Commission for final approval. 
 The county superintendents are, therefore, particularly urged to 
 carefully scrutinize these agreements and in transmitting the 
 same to the Commission to he careful to call attention to any con- 
 dition that may exist therein which to their minds might not he 
 deemed proper. 
 
 Better still it is suggested that all county superintendents fol- 
 low the example which has been set in a number of counties by 
 meeting with the town board at the time of entering into an agree- 
 ment in order that they may be able to offer proper suggestions 
 and to aid and assist the town board in formulating an agreement 
 which shall be to the best interests of all. 
 
 It might be well to call attention to some conditions which have 
 heretofore existed but which hereafter will not be permitted. 
 Complaints have been made that in some towns the board met 
 and entered into an agreement providing for extraordinary out- 
 lays in the immediate locality of various members of the town 
 board, such as gravel roads or crushed stone roads, putting a patch 
 here and a patch there for the purpose of pleasing some town 
 officer or some prominent town resident, and that the roads gen- 
 erally in such town are neglected, and necessarily so because of 
 the lack of funds to carry on comprehensive work in the interests 
 of the whole town. Complaints have also been entered where the 
 agreements have provided for the construction of stone or maca- 
 dam town roads in short patches or stretches involving an expendi- 
 ture of small amounts of money, thus necessitating the taking 
 down, transporting and setting up of crushing plants, causing a 
 waste in some instances of at least one-half of the revenue set 
 aside for such specific purposes. Such practices as this will not 
 be approved. Town and county officers are particularly requested 
 
to cast aside all personalities and to carefully consider the general 
 conditions that must be cared for, noting the fact that all of the 
 highways of each town must have proper care and attention to 
 such an extent as the amount of traffic such highways are called 
 upon to carry, demands. 
 
STONE CRUSHERS. 
 
 The provisions of section 50 of the 'Highway Law which relate 
 to the lease or hire of steam-rollers, stone crushers and traction 
 engines, are for the express purpose of encouraging the officials of 
 the town in taking necessary steps for the purpose of providing 
 them with necessary machinery for town highway work. Under a 
 separate head in this bulletin is found an article which relates to 
 the use of mechanical power for highway work, and particular at- 
 tention is called to the subject-matter therein contained. 
 
 After a careful study of the varied conditions which are found 
 in the various towns of the State, all of which is based on practi- 
 cal experience, it is deemed best to offer a word of caution to 
 town authorities in the lease or purchase, or the operation, of 
 stone crushers and stone crushing plants. It is not the intention 
 of the department to promulgate an inflexible rule regarding the 
 same but local town authorities should be discouraged in pursuing 
 a practice which has been very common, namely, in expending 
 money for the purchase of crushing plants and in the use of such 
 crushing plants for the purpose of constructing short patches of 
 roads, here and there, which absolutely prohibit comprehensive 
 work or the necessary proper attention which should be given 
 to all of the roads of the town. This department is insistent in 
 urging such town authorities to provide means so that each and 
 every mile of highway of the towns of the State may receive its 
 proper primary attention. 
 
 By reference to the subject-matter contained in this Bulletin 
 under the head of Agreements it will be noticed that the attitude 
 of the Commission, and perhaps more particularly the bounden 
 duty of the Commission, in this respect is fully set forth. There 
 are many instances where nearly all of the town highway funds 
 have been absorbed in an endeavor on the part of the town super- 
 intendent to construct town macadam highways and in every in- 
 stance of this kind upon investigation it has been found that the 
 taxpayers of the town and the users of the roads of the town have 
 been prone to make complaint criticizing the action of the town 
 
 103 
 
104 
 
 authorities and the town authorities themselves have not been sat- 
 isfied with the result of their own efforts. 
 
 Where mistakes of this character have been made by purchasing 
 stone crushers or stone crushing plants the town authorities are 
 urged to discontinue the use of such plants and not continue to f 
 
 make mistakes of this character. In the interests of economy the 
 town should see that such machinery is properly housed and cared 
 for until the time arrives when such machinery can he used to 
 advantage and this cannot he done in any town unless compre- 
 hensive work has been performed to the extent that the highways 
 of the town at large have received their proper primary atten- 
 tion by standardizing as to width, proper shaping and crowning, 
 straight ditch lines, substantial culverts, drainage, etc. There is 
 no doubt of the practicability and economy of a town construct- 
 ing macadam roads under proper circumstances, and they are «. 
 
 urged so to do, but only when either the town roads as a whole 
 have previously received proper attention or the town authorities 
 provide in the estimate a fund sufficiently great to enable them 
 to carry on this work in addition to and independent of general 
 primary improvement. 
 
 It is a serious mistake to lease, hire or purchase a stone crusher 
 or stone crushing plant unless the town is also in possession of a 
 power roller as macadam roads cannot be economically constructed 
 without the use of the same. While crushed stone roads have been 
 built without the use of a roller, depending upon the traffic to 
 compact the stone, it is an expensive way of accomplishing the 
 result and one that is exceedingly annoying to travel for a period 
 of weeks and sometimes months. 
 
 A town superintendent should not be permitted either by the 
 consent of the town board or otherwise, to undertake the construc- 
 tion of a macadam road until the roadbed has been put in proper 
 condition to receive the stone, proper permanent culverts have been 4 
 
 constructed, and an ideal system of drainage established. Still 
 further, the patch work system which has been inaugurated in 
 many towns must be discontinued and such work when begun 
 should be laid out on a plan so that from year to year it will re- 
 sult in a system of roads which will be to the benefit of the towns- 
 people at large. 
 
Onondaga County. — Macadam road built by town superintendent. Considerable grading work was done, grade being reduced 
 from 15 per cent, to 11 per cent. Standard macadam laid in two courses, width 16 feet. Penitentiary prisoners were used thus 
 reducing cost about one-half. Length of improvement, 1,000 feet, cost $500. 
 

 
 
 l Sf$ 
 
 insrt< of 
 
 of ^ 
 
 
 
 
 
 
COLLECTION OF TAXES AGAINST STATE LANDS. 
 
 As soon as the collector receives his warrant he should make out 
 the list of taxes against State lands, as required by law and imme- 
 diately give it to the county treasurer and should not wait until 
 he makes his return for uncollected taxes. Promptness on the part 
 of the collector in this respect will enable the county treasurer to 
 secure from the State, the money for highway purposes prior to 
 the payment by the comptroller of the money for return taxes in 
 August, or, in other words will enable the supervisor of the town 
 to be in possession of the total highway funds for highway pur- 
 poses at the time when highway moneys are needed. 
 
 106 
 
WIDE TIRES. 
 
 One of the most important factors, associated with the subject 
 of the improvement, maintenance and repair of the public thor- 
 oughfares, is the width of wagon tires and the shape and size of 
 the wheels. A vast amount of the present wear and injury to the 
 public thoroughfares could be avoided provided that wide instead 
 of narrow tires be required on wagons designed to carry heavy 
 loads. 
 
 Narrow tires have a much more injurious effect upon a road 
 than wide tires, because, in the latter case, there is a distribution 
 of weight over a greater bearing surface and the pressure, per 
 square inch upon the surface, is reduced. Wide tires do not 
 readily cut into the roadway and form ruts. A loaded wagon, with 
 two-inch tires to support the load, wagon and all, would have twice 
 the weight over the bearing surface, than if the tires of the wagon 
 were four inches wide. 
 
 In governing the use of wagons with wide tires and in the manu- 
 facture and purchase of such wagons, consideration should be given 
 not merely to the strength of the wagon and its loads, but also 
 to the strength of the road to be traveled. Wide tires do not as 
 readily cut into the roadway and form ruts. They act as rollers 
 and tend to compact the roadway. Narrow tires are road de- 
 stroyers. Wide tires are road builders. 
 
 Small wheels are also much more injurious than large ones, 
 because the greater the diameter the greater the surface over which 
 the weight is distributed. It is also 1 well to state that vehicles with 
 springs have a much less injurious effect upon a roadway. 
 
 As to the desirability of the use of wide tires there can be no 
 question. The most casual observation will suffice to convince any 
 one of the damage of a heavily laden wagon equipped with the 
 ordinary narrow, sharp, rounded tires will produce. There is also 
 another, and perhaps even greater advantage to be gained by their 
 use, namely, the increased hauling capacity attained. Tests have 
 been made from time to time, of the effect, not merely on the road, 
 but also on the pull or power required to move the load. 
 
 106 
 
Onondaga County. — Concrete culvert on road shown on cut facing page 104. The first attempt at concrete construction by this 
 town superintendent. Length, 18 feet between walls, opening 2 feet by 2 feet, sidewalls 16 inches thick, total cost, $35. 
 
107 
 
 A very interesting bulletin (No. 12) has been issued by the 
 United States Department of Agriculture, giving a synopsis of the 
 laws of various States in the Union and in foreign countries in 
 relation to the use of wide tires, together with detailed descriptions 
 of thorough tests which have been made and the results thereof. 
 These tests prove conclusively the advantage of wide tires to the 
 general public, as a road improver, and to the individual users as 
 a money saver. It requires no complicated mathematics to figure 
 out the benefits derived from the use of a vehicle capable of carry- 
 ing on macadam roads 2,500 pounds as against 2,000 pounds; on 
 gravel roads, 2,482 pounds as against 2,000 pounds, and on dry 
 dirt roads, 2,500 pounds as against 2,000 pounds; while on clay 
 roads, with deep mud, slightly dry on top, a large number of tests 
 showed an average of 3,200 pounds for the wide tired vehicles as 
 against 2,000 pounds for the narrow tired. 
 
 An instructive paper (Bulletin No. 39), issued by the Agricul- 
 tural Experiment Station of the University of the State of 
 Missouri, at Columbia, Mo., contains a very exhaustive discussion 
 of the influence of the width of tires on draft of wagon, with 
 details of tests in all descriptions of roads, on meadows, pastures,' 
 stubble and plowed lands, with cuts showing the roads as they 
 appeared after the tests were made, and giving as a conclusion an 
 advantage varying with the different conditions of from 17 to 120 
 per cent, in favor of wide tires. 
 
 Of the many tests which have been made to establish the claims 
 in favor of wide tires as against the narrow ones, a few of the 
 results are given as stated in Bulletin 12 of the United States 
 Department of Agriculture, by General Roy Stone. In Utah, at 
 the experiment station, it was shown that a given load on D/^-inch 
 tire, pulled 40 per cent, heavier than when on a 3-inch tire, the 
 test being made on grass sod. On a moist, but hard road, the per- 
 centage was 12 7/10 in favor of the 3-inch tire. In Ohio, a wide 
 tire test was made in the State University. An ordinary wagon, 
 with new 3-inch tire, was loaded with two long tons (4,480 
 pounds), and the draft measured by a dynamometer. On an or- 
 dinary earth road, in good condition and hard, the draft was 254 
 pounds. On a grass field it was 468 pounds. On a newly plowed 
 field it was 771 pounds. As 150 pounds is the draft of an ordinary 
 horse of 1,0 0 : 0 pounds, two horses could draw this load with ease on 
 an ordinary road, and a ton and one-half on grass sod; while 
 with a narrow tire one-half as much or a single ton is a full load 
 
108 
 
 for a double team. Besides this, the broad tires roll and level the 
 road so that the more they are used the better the road becomes, 
 while narrow tires cut it into ruts. 
 
 Professor Sanborn, of the Missouri Agricultural College tried 
 the same experiment with wagons having tires of different widths, 
 using a Baldwin dynamometer. The weight of the loads drawn 
 was 3,665 pounds each. The tires were 1% inches and 3 inches, 
 respectively. The tests were made on blue grass sod partially 
 moist. The draft of the wide tires averaged, for level ground, 310 
 pounds. For the narrow tires the draft was 439 pounds or 41 6/100 
 per cent, more than the wide tires. Assuming the wagon to weigh 
 1,000 pounds, then on the broad tire 3,248 pounds would be drawn 
 as easily as 2,000 pounds on the narrow tires. Again the broad 
 wheels in the trial did not injure the turf, while the narrow wheels 
 cut through it. 
 
 It will be seen, therefore, that the wide tires are not only lighter 
 in their draft than the narrow ones, under nearly all conditions, 
 but that they cut up the road very little ; in fact, when four inches 
 wide, they tend to make the road continually better. 
 
 That this subject has had the closest attention paid to it in 
 Europe is proven by the regulations adopted in the various coun- 
 tries as reported by the United States consuls. 
 
 In Austria, all wagons built for a load of more than two and 
 one-fourth tons must have wheels with rims at least four and one- 
 third inches wide (Styria and Carinthia), and if built for more 
 than four and one-half tons (in Styria), or more than three and 
 one-half tons (in Carinthia), the rims must be at least six and one- 
 fourth inches broad. In lower Austria a width of rim of four and 
 one-half inches is required for loaded wagons drawn by two or 
 three horses. In Bohemia the same regulation applies. 
 
 In France every freight and market wagon is a road maker. 
 The tires are from 3 to 10 inches in width, usually from 4 to 6. 
 With a few four-wheeled vehicles used, the tires are rarely less 
 than six inches in width and the rear axle is about fourteen inches 
 longer than the fore axle, so that the rear or hind wheels run about 
 one inch outside of the level rolled by the front wheels. 
 
 In Germany the rule prescribes that all wagons drawing heavy 
 loads, such as coal, brick, earth, stone, etc., must have tires at least 
 four inches wide. 
 
 By carefully noting these regulations one will see that the 
 European countries have long ago discarded the narrow tires, much 
 
109 
 
 to the advantage of their roads and the saving of their horses and 
 vehicles; and it is to he hoped that the American farmer, after 
 digesting these statements, will see the advantage of such a self- 
 evident proposition and follow their example. 
 
 Section 22 of the Highway Law prescribes that the Commis- 
 sion may make rules and regulations prescribing the width of 
 tires to be used on State and county highways and that any dis- 
 obedience thereof shall be punishable by a fine of not less than $10 
 and not more than $100. Therefore, the attention of manufac- 
 turers, dealers and those who are about to purchase new wagons is 
 called to this fact, that they may be able to provide for this con- 
 tingency. Owners of wagons should appreciate the fact that 
 heavily loaded wagons with narrow tires will not be permitted to 
 use the improved highways built by the State or jointly by the 
 State, county and town. And even though, at the present time, 
 there may be but very few miles of such roads in a town, or county, 
 it certainly would not be advisable to be excluded from the use of 
 such roads. 
 
 It must not be contended that wide tires come in contact with 
 more loose stones than wagons with narrow tires because of the fact 
 that section 47, subdivision 6, provides that the town superintend- 
 ent should cause the loose stone lying in the beaten track of every 
 highway to be removed, and such an officer of a town should so 
 organize his forces that he may be able to keep the surface of all 
 roads smooth and free from ruts and depressions. 
 
 In cases where the town superintendent is negligent in this 
 particular, it not only is the right, but the duty of the users of the 
 public thoroughfares to inform the Commission of such fact with- 
 out delay. 
 
RULES AND REGULATIONS PRESCRIBED BY THE 
 COMMISSION FOR THE GUIDANCE OF COUNTY 
 AND TOWN OFFICERS. 
 
 Directions for the Guidance of County Superintendents. 
 
 First . — A county superintendent must observe the prescribed 
 rules and regulations of the commission. 
 
 NOTES. 
 
 1. The directions hereinafter contained are to be regarded by county super- 
 intendents as the rules and regulations prescribed by the commission. 
 
 2. A county superintendent may be appointed by the board of supervisors 
 of the county, but he must understand that he is the representative of the 
 commission in his county and is directly responsible to the commission. He 
 is not under the direction of the board of supervisors in the performance of 
 his duties, except that the board may direct him to inspect each county 
 highway during its construction and improvement and certify to them the 
 progress of the work and any irregularities of the contractor or failure to 
 comply with the terms of the contract; but a certified copy of such report 
 must also be filed with the commission. 
 
 3. Under no circumstances will a county superintendent undertake to 
 direct an engineer in charge, or any other employee of the State in the per- 
 formance of his duties on any contract, nor shall he undertake to advise or 
 direct a contractor in the execution of his contract. 
 
 Advice of Division Engineers. 
 
 Second . — A county superintendent is directed to consult with 
 the division engineer whenever, in his judgment, he may need 
 advice and assistance in preparing or approving plans and specifi- 
 cations for the construction of highways and bridges. 
 
 NOTES. 
 
 1. It is the duty of the division engineer to consult with the county super- 
 intendent and to advise with him whenever called upon in respect to the 
 proper method of constructing, improving and maintaining highways and 
 bridges. 
 
 2. The county superintendent is directed to notify the commission and also 
 the division engineer whenever, in his judgment, he finds a bridge to be 
 unsafe for public use and travel. 
 
 110 
 
Suffolk County. — Town of Riverhead. Town road of sand covered with a coat of loam, maintained by use of road hone. 
 
 Surface oiled. Photo taken immediately after auto races. 
 

 3hi jo SH3 *m 
 
 Auvu an 
 
 *« 
 
 
 
 
Ill 
 
 State and County Highways. 
 
 Third . — County superintendents are to have no control or juris- 
 diction over State or county highways unless specifically directed 
 by the commission. 
 
 NOTES. 
 
 1. The Highway Law provides that the town superintendent shall cause 
 all ditches, culverts and waterways on State and county highways to be 
 kept free from obstructions at all times, and also to cause snow and ice to 
 be removed from t'he culverts and waterways on such highways. In this case 
 it is the duty of the county superintendent to cause the law in this respect to 
 be fully enforced. 
 
 2. The expense incurred in performing this work must be paid by the 
 supervisor upon the receipt of a written order of the town superintendent 
 and from funds in his hands available for the improvement, repair and main- 
 tenance of highways, including sluices, culverts and bridges having a span 
 of less than five feet. 
 
 3. The fact that a road has been constructed as a State or county highway, 
 and is to be maintained by the State, does not relieve the town superin- 
 tendent from the performance of his duty. There can be no temporary 
 abandonment of an improved road, and a district or county superintendent 
 must require the town superintendent to perform his duty in this respect. 
 Should a town superintendent fail to comply with this law, it is the duty 
 of the district or county superintendent to notify him to immediately per- 
 form this work and also to make a proper report to the commission in rela- 
 tion thereto. 
 
 County Meetings. 
 
 Fourth . — County superintendents are directed to investigate 
 as to when public meetings for a county or district should 
 be held and to notify the commission, in writing, when 
 and where, in their judgment, such meeting or meetings should 
 be held. 
 
 NOTES. 
 
 1. These meetings are for the purpose of furnishing such instructions and 
 information as may aid and assist town officers in the performance of their 
 duties in respect to highways and bridges. 
 
 2. Meetings of this character should be held between the first day of 
 November and the first day of April each year. 
 
 3. Meetings may be called during the spring, summer and autumn for the 
 purpose of making practical demonstrations. 
 
 4. Whenever a public meeting is to be held the county superintendent must 
 cause due notice to be mailed to each town superintendent and supervisor of 
 the towns under his jurisdiction, and give such notice by advertisement as 
 shall be directed by the commission. 
 
112 
 
 Removal of Town Superintendent. 
 
 Fifth . — A county superintendent is directed to notify the 
 commission, in writing, whenever a town superintendent shall 
 have failed to perform his duty in compliance with the directions 
 for the guidance of town superintendents, and also to notify the 
 commission regarding any malfeasance or misfeasance in office. 
 
 NOTES. 
 
 1. It is the duty of the county superintendent, when directed by the 
 commission, to make written charges and present the same in duplicate to the 
 town clerk, and request the town clerk to serve the same personally upon the 
 town superintendent, together with a notice directing him to appear before 
 the town board at a time and place stated therein. 
 
 2. The district or county superintendent must understand that any failure 
 on his part to comply with the directions of the commission in this respect 
 will be sufficient cause for the commission to notify the clerk and chairman 
 of the board of supervisors of such fact. 
 
 Inspections of Highways and Bridges. 
 
 Sixth . — The county superintendent should inspect the high- 
 ways and bridges of each town in his district or county 
 at least once each year, and advise and direct the town superin- 
 tendent how best to repair, maintain and improve such highways 
 and bridges. 
 
 NOTES. 
 
 1. The town superintendent has been furnished with directions for his 
 guidance, and it is the duty of the district or county superintendent to 
 thoroughly inform himself as to whether such directions have been fully 
 complied with or not. 
 
 2. The agreement® which have been regularly entered into between the 
 town boards and town superintendents provide that no work of a perma- 
 nent character shall be commenced until the district or county superintendent 
 has granted the town superintendent a written permit therefor. 
 
 3. The same agreements provide that any money which may be held as a 
 reserve fund by the supervisor, as custodian, may be expended for such pur- 
 pose as the supervisor and district or county superintendent may determine. 
 Therefore, the county superintendent is directed to make proper provision 
 therefor. 
 
 Reports. 
 
 Seventh . — The county superintendent is directed to notify 
 the supervisors, town superintendents and town clerks that 
 all reports made by them must be first forwarded to him for his 
 personal approval before transmitting the same to the commission. 
 
 NOTES. 
 
 1. The county superintendent in procuring from the supervisor the high- 
 way, bridge and miscellaneous report which must be made by the super- 
 
113 
 
 visor to the town board at its meeting held each year on the Thursday suc- 
 ceeding general election, must be careful to observe the following directions: 
 
 1st. The law provides that the town superintendent shall make an 
 estimate which may be approved or disapproved, increased or 
 reduced by the town board at the meeting above stated. 
 
 2d. It is the intent of the law that this estimate shall be honestly 
 made by the town superintendent, and the estimate thus 
 honestly made shall be approved by the town board, thus pro- 
 viding funds in advance for the repair and improvement of 
 highways, the repair and construction of bridges, the purchase 
 and repair of machinery, tools and implements, the removal of 
 obstructions caused by snow, and for other miscellaneous 
 purposes. 
 
 3d. Under no circumstances may a county superintendent approve of 
 a highway, bridge or miscellaneous report showing a deficit 
 in any one of the above mentioned funds. 
 
 4th. He may approve of the transferring of money from any fund 
 to the highway fund after the purpose for which such fund 
 was raised has been served. He must thoroughly instruct and 
 inform the supervisor and town superintendent that if the 
 town superintendent gives any order in excess of the amount 
 of money available in any fund, or incurs any liability in the 
 employment of labor or purchase of material, that in no way 
 can such fund be reimbursed or the supervisor or town super- 
 intendent relieved from liability, except that the proposition 
 ibe submitted at a special or biennial town meeting and a 
 vote of the electors of the town. 
 
 5th. A supervisor elected to take office must be required by a county 
 superintendent to give a proper receipt, showing the amount of 
 money turned over to him by his predecessor in office, and 
 must then transmit a report thereof to the commission. Blank 
 forms for such purpose will be furnished by the commission. 
 
 Inspection of Town Highways to be Improved. 
 
 Eighth . — The county superintendent is directed to instruct 
 the town superintendent when to make a preliminary inspec- 
 tion of the roads which are to be improved as State or county 
 highways for the purpose of securing preliminary information to 
 be used in preparing plans and specifications for such highways, 
 and also how to mark, or in some substantial manner designate 
 the portions of such highways as may need especial care and 
 attention. 
 
 NOTE. 
 
 1. It is important that the county superintendent shall either directly or 
 indirectly procure information of this character to the end that any plans or 
 specifications for the improvement of State or county highways may be prop- 
 erly made. 
 
 8 
 
114 
 
 Monuments to be Erected. 
 
 ’Ninth . — The county superintendent is directed to assist the 
 town superintendent in the erection of monuments show- 
 ing the boundaries of the highways and in the establishment of 
 such new monuments as may he required. 
 
 Plans and Specifications. 
 
 Tenth . — The county superintendent is directed to furnish 
 or cause to he furnished to the town hoard, plans and specifi- 
 cations for the construction of new highways or the per- 
 manent improvement or reconstruction of existing highways, when 
 the cost shall exceed five hundred dollars, provided that such 
 money is to be expended by contract. 
 
 NOTES. 
 
 1. If a county superintendent is not a practical civil engineer he may 
 request that such plans and specifications he furnished him by the division 
 engineer. 
 
 2. No contract shall be awarded by the town superintendent until it has 
 been approved by the county superintendent. 
 
 3. When the work is completed pursuant to the terms of such contract 
 and the plans and specifications thus furnished, the acceptance thereof must 
 be by the county superintendent. 
 
 4. Payments to be made under such contracts shall be made upon certifi- 
 cates issued to the contractor by the county superintendent, which must be 
 attached to an order upon the supervisor, duly filled out by the town super- 
 intendent as provided by law. 
 
 5. All work under such contract shall be under the supervision of the 
 county superintendent. 
 
 Purchase of Machinery. 
 
 Eleventh . — All contracts for the purchase of stone crushers, 
 steam rollers or traction engines must be approved by the district 
 or county superintendent and he must indorse his approval 
 thereon. 
 
 NOTES. 
 
 1. No contract for such purpose shall be valid unless it shall have had 
 the approval of the district or county superintendent. 
 
 2. It is the intent of the law in this respect to safeguard the town’s in- 
 terests in the purchase of proper machinery, and at the same time to protect 
 the State’s interests, because a contract may be made by the town superin- 
 tendent, with the approval of the town board, to lease or hire such machinery 
 and the expense thereof paid out of moneys levied and collected and paid by 
 
Suffolk County. — Town of Riverhead. Town road of same nature and maintained in same manner as that shown on cut facing 
 
 page 110. 
 

 
 
 
 
 
 
 
 
 UBRAfiy 
 Of THE 
 
 
 
 
 
 
 
 
 
 
115 
 
 the State for the , improvement of highways, and the moneys paid for such 
 lease or hire may be a part of the purchase price in accordance with the 
 contract. 
 
 Lease or Hire of Machinery. 
 
 Twelfth . — The county superintendent must observe the follow- 
 ing ruling or construction of the commission relating to the lease 
 or hire of machinery as provided by section 50 of the Highway 
 Law, viz. : 
 
 Whenever the town superintendent has with the approval 
 of town board made a contract with a machinery firm or 
 corporation calling for a fixed sum to be paid each year for 
 the lease or hire of a stone crusher, steam roller or traction 
 engine, there must be a certification uppu the order given by the 
 town superintendent to the supervisor for such lease or hire show- 
 ing the specific days which he has used the same during the period. 
 The rate must not be more than ten dollars per day for a crusher 
 or steam roller or eight dollars per day for a traction engine, and 
 if the number of days which he has worked the same is not suffi- 
 cient to pay the amount as agreed upon with the firm or corpora- 
 tion leasing or hiring the same, then the balance cannot be paid 
 from the highway fund, but must be paid from the general fund 
 of the town. If the number of days exceeds the minimum num- 
 ber of days necessary to furnish at the above rates an amount 
 needed to pay the machinery company, then the total amount 
 agreed upon as rental shall be divided by the number of days and 
 the charge per day for a stone crusher, steam roller and traction 
 engine shall be at that figure and not at the maximum figure under 
 the provisions of section 50 of the Highway Law. 
 
 Drainage, Sewer and Water Pipes. 
 
 Thirteenth . — A county superintendent is directed to first 
 obtain the consent of the commission before he grants permis- 
 sion for an overhead or underground crossing, or to lay and 
 maintain drainage, sewer and water pipes in grounds within any 
 portions of a state and county highway. 
 
 Measurement of Highways. 
 
 Fourteenth . — The county superintendent is directed to assist 
 the town superintendent by directing him how, or by fur- 
 nishing him with proper information so that he may properly 
 
116 
 
 measure all the highways of his town in accordance with the 
 directions which have been furnished him by the commission. 
 
 NOTES. 
 
 1. Blank forms for this purpose have been prepared and will be furnished 
 by the commission. 
 
 2. The Bureau of Koad Inquiry, connected with the Agricultural Depart- 
 ment at Washington, requires the information contained in such blank. 
 
 Closing Highways. 
 
 Fifteenth . — The county superintendent is directed to care- 
 fully consider the fact that the traveling public must not be 
 inconvenienced on account of the lack of care or inattention 
 on the part of a contractor constructing or improving a State or 
 county highway, or a town superintendent in performing the same 
 class of work in not providing a temporary highway. 
 
 NOTES. 
 
 1. If, in the judgment of the county superintendent, it becomes necessary 
 to close a highway, he must execute a certificate and file the same in the 
 office of the town clerk. 
 
 2. Such certificate shall state the necessity for closing such highway and 
 describing the portion thereof to be closed. 
 
 3. Not more than two miles of any highway shall be closed at any one 
 time. 
 
 4. At the time of filing such certificate he must notify the town superin- 
 tendent to close the highway. It then becomes the duty of the town superin- 
 tendent to close the same to public travel by erecting suitable obstructions 
 and posting conspicuous notices to that effect. 
 
 5. The county superintendent must ascertain the practicability of providing 
 a new location and the construction of a temporary highway to be used by 
 the traveling public, and to advise and direct the town superintendent how 
 he may best erect temporary bridges, or cause other existing highways to be 
 used. 
 
 Repair or Construction of Bridges. 
 
 Sixteenth . — The county superintendent is directed to either 
 prepare, or cause to be prepared, plans and specifications for 
 the erection of bridges, except that if a bridge to be repaired 
 or rebuilt is one which has been condemned by the commission 
 the same shall be repaired or rebuilt in accordance with plans 
 and specifications prepared and approved by the commission. 
 
117 
 
 Examinations of Deposits of Gravel and Stone. 
 
 Seventeenth . — The county superintendent is directed to 
 examine the various formations and deposits of gravel and stone 
 in his district or county, for the purpose of ascertaining the 
 materials which are best available and suitable for the improve- 
 ment of the highways therein. 
 
 NOTE. 
 
 1. The county superintendent must carefully preserve samples of such 
 formations and deposits, together with a record showing the location of the 
 same. This must be done so that he may be able to submit samples to the 
 commission whenever requested to do so. 
 
 Establishment of Grades. 
 
 Eighteenth . — The county superintendent is directed to establish 
 all grades in case of permanent improvement, and recommend 
 means of drainage, repairs and improvement to the town super- 
 intendent or town board. 
 
 NOTE. 
 
 1. If the county superintendent should not be a practical civil engineer, 
 plans and specifications and necessary information will be furnished him by 
 the division engineer upon application. 
 
 Reports. 
 
 Nineteenth . — County superintendents are directed to report 
 to the commission annually on or before the fifteenth day of 
 November in each year. 
 
DIRECTIONS FOR THE GUIDANCE OF TOWN 
 SUPERINTENDENTS. 
 
 Annual Estimates. 
 
 First . — The town superintendent must make a written state- 
 ment annually, on or before the 31st day of October, containing 
 his estimate of amounts necessary to cover highway, bridge and 
 miscellaneous expenses for the ensuing year, which must be 
 divided into four parts, viz. : 
 
 1. Showing the amount of money necessary to be levied and 
 collected for the repair and improvement of highways, including 
 sluices, culverts and bridges having a span of less than five feet. 
 
 2. For the repair and construction of bridges having a span 
 of five feet or more. 
 
 3. For the purchase, repair and custody of stone crushers, 
 steami rollers, traction engines, road machines for grading and 
 scraping, tools and implements. 
 
 4. For the removal of obstructions caused by snow and other 
 miscellaneous purposes. (See Highway Law, § 90.) 
 
 NOTES. 
 
 1. This report must be filed with the town clerk on or before the 31st day 
 of October, and the town superintendent must understand that the law 
 requires him to specify the amount of money necessary for the repair and 
 improvement of highways, including sluices, culverts and bridges having a 
 span of less than five feet. 
 
 2. In making his estimate the town superintendent must remember: that 
 his estimate should contain such amounts as he considers necessary to serve 
 the several purposes for which they are to be raised, leaving it to the town 
 board to separate and determine which may be ordered by it and which must 
 be submitted to vote. 
 
 3. The town superintendent must cause noxious weeds growing within the 
 bounds of the highways to be cut and removed at least twice in each year, 
 once between the first and thirtieth days of July and once between the first 
 and thirtieth days of September. He must also cause all briers and brush 
 within the bounds of the highway to be cut and removed once between the 
 first and thirtieth days of September in each year. It is, therefore, neces- 
 sary that each town superintendent should include in his estimate, the 
 amount of money necessary to defray the expenses incurred therefor. 
 
 US 
 
119 
 
 4. The town superintendent must also include in the fourth item of his 
 estimate : 
 
 1st. The amount of money necessary for the removal of obstructions 
 caused by snow. 
 
 2d. The amount of money necessary for wire fences. 
 
 3d. The amount of money necessary for allowances for shade trees. 
 4th. The amount of money necessary for allowances for watering 
 troughs. 
 
 5th. For expenses which may be incurred in establishing boundaries 
 of highways and the erection of monuments, for the erection of 
 guide boards, for the repair and construction of sidewalks. 
 
 6th. He may include his salary and expense. 
 
 Attendance at Town Board Meetings. 
 
 Second . — The town superintendent is directed to attend the 
 meetings of the town board held on the Thursday succeeding gen- 
 eral election in each year. 
 
 NOTES. 
 
 1. The town superintendent’s annual estimate must not be approved by the 
 town board at any time prior to the Thursday succeeding general election. 
 The law is specific on this point. 
 
 2. It is presumed that the town superintendent shall have made an 
 honest estimate and it is important that he attend this meeting so that he 
 may be able to explain to the town board the items contained in the 
 estimate, and how he arrived at the amounts therein contained. 
 
 3. It is especially important that the estimate made and approved by the 
 town board be in sufficient amount to meet the expenditures provided by 
 section 90 of the Highway Law, subdivisions 1, 2, 3 and 4, because, if at any 
 time thereafter any one of these funds becomes exhausted and it is necessary 
 to procure more money for such fund, the only way in which this can be done 
 is by notification to the town board and the calling of a special town meet- 
 ing and submitting the proposition to the vote of the electors of the town. 
 
 Organization of Forces. 
 
 Third . — The town superintendent is directed to organize his 
 forces as soon as practicable after assuming the duties of his office 
 by the selection and appointment of competent men to take charge 
 of and to perform the highway and bridge work during the en- 
 suing year. 
 
 NOTES. 
 
 1. Overseers of highways must not be appointed but the town superin- 
 tendent may select a person or persons in parts or sections for the specific 
 purpose of preventing obstructions caused by snow or the removal thereof. 
 It is necessary that this should be done in order that the locality may 
 receive prompt relief and attention. 
 
120 
 
 2. Particular attention is called to the fact that the commission is pre- 
 pared to furnish suggestions, directions and information relating to the 
 prevention of obstructions caused by snow and the removal of the same by 
 the use of a snow roller or other devices. 
 
 3. It is the duty of the town superintendent to employ such persons with 
 teams and implements as may be necessary for the proper maintenance and 
 repair of highways and bridges and the removal of obstructions caused by 
 snow, and a list of the names of persons so employed with compensation paid 
 to each must be filed in the office of the town clerk. 
 
 4. The statement which must be filed in the office of the town clerk 
 must show the compensation per hour and not by the day. 
 
 5. It is not the intent of the law or the desire of the commission that 
 the town board should interfere with the town superintendent in the employ- 
 ment of persons with teams and implements. The town board, however, should 
 be thoroughly satisfied that no labor, teams or machinery are employed or 
 hired at other than the prevailing prices, and that the same be of a character 
 so that the work to be performed can be done in a creditable and economical 
 manner. 
 
 6. Whenever the labor or teams employed are unable, in the judgment of 
 the town board, to perform proper work, or the prevailing rate of wages or 
 hire as paid by the town superintendent is excessive, the town board is re- 
 quested to pass proper resolutions and notify the commission without delay. 
 
 7. The town superintendent is directed to carefully consider these sugges- 
 tions in order that the prevention of obstructions caused by snow and the 
 removal thereof may receive prompt attention and that the work upon the 
 highways may be commenced in the spring as early as weather conditions 
 will permit. 
 
 When Highway Work Must Be Done. 
 
 Fourth . — The town superintendent having organized his forces 
 is directed as early as conditions in the spring will permit to 
 cause the ditches, culverts and outlets to be cleaned; to cause the 
 removal of all loose stone from the beaten track of the highway; 
 to cause the filling of depressions and the shaping and crowning 
 of the highways so that all work of this character will have been 
 performed prior to the first day of June in each year, except that 
 a special permit has been granted by the commission on applica- 
 tion of the county superintendent. 
 
 NOTES. 
 
 1. The law provides that the town superintendent shall divide the town 
 into as many sections as may be necessary for the proper maintenance and 
 repair of the highways therein, and in dividing the town into parts or sec- 
 tions, such parts or sections should comprise a mimimum of not less than 
 twenty miles, although the local conditions may be such that the district or 
 section should be larger according to the number of men and the kind and 
 class of power employed. 
 
121 
 
 2. The traveling public must not be annoyed or inconvenienced by reason 
 of the public highways not having been placed in proper condition on or before 
 the first day of June in each year, through the inefficiency or lack of interest 
 on the part of the town superintendent and his appointees and employees. 
 
 3. The town superintendent must thoroughly understand that it is a use- 
 less waste of time, energy and money to attempt to work public highways by 
 the use of a plow, ripper or road machine for grading and scraping during 
 the summer and fall after the earth has become baked and hardened. 
 
 4. It is the opinion of the commission that better results can be accomp- 
 lished by the use of steam rollers or traction engines for power. (See High- 
 way Law, § 50.) 
 
 Shaping, Crowning or Turnpiking. 
 
 Fifth . — Town superintendents are directed under no circum- 
 stances to undertake the work of shaping and crowning or turn- 
 piking a road where fall or early spring plowing has not been 
 done, except in cases where material may be moved without in- 
 troducing sod and vegetable matter into the bed of the road. 
 
 NOTES. 
 
 1. Particular attention is called to the fact that much money available 
 for improvement, repair and maintenance of public highways in the towns 
 of the state, has been wasted by the excessive and indiscriminate use of road 
 machines for grading and scraping, and it is the intent of this rule and 
 regulation and these notes to particularly define when improvements of this 
 character can be used. 
 
 2. Before undertaking to shape and crown or turnpike a highway the town 
 superintendent is directed to procure a written permit for such work from 
 the county superintendent. 
 
 3. No work of this character must be performed until provision has been 
 made for the purpose of straightening the ditch lines and widening the road 
 to 24 feet in width between gutters or ditches, wherever practicable, and 
 in no case must the road be narrowed to an extent that vehicles cannot 
 readily pass. 
 
 4. In using the road machine for shaping and crowning, the work can be 
 progressed faster and more economically by the use of a steam roller or 
 traction engine instead of teams, but in using the same proper offsets should 
 be provided so that the steam roller or traction engine may be kept in the 
 middle of the road. 
 
 5. The town superintendent is directed in the performance of work of this 
 character to use not less than three teams where steam is not used for 
 power, hitched to a road machine, for shaping and crowning or turnpiking, 
 so that the men employed in working the highway can occupy their time to 
 the best advantage. 
 
 6. The town superintendent is directed to attach a harrow to the road 
 machine whenever or wherever steam power is used but if teams are used the 
 road must be thoroughly dragged immediately following the road machine. 
 
 7. While the work is in progress at the time of shaping and crowning a 
 road sufficient help must be employed and an additional team with a wagon 
 
122 
 
 with a dump box muse be provided so that all of the loose stones, sod and 
 organic matter found after the road has been thoroughly dragged can be 
 hauled away. 
 
 8. The kind and class of teams and labor employed is the most important 
 item in the cost and the energy of the town superintendent, who is the 
 responsible head of the town in highway improvement, should be directed 
 toward the utilization of all labor to the best advantage. The cost of proper 
 road machinery, tools and implements is really chargeable to the entire 
 mileage of the town and to a term of years and it will, therefore, be seen 
 that the expense attached to each mile or each year is trivial. 
 
 9. A town superintendent must be painstaking and must understand the 
 principles involved in highway construction and improvement. He must have 
 practical ideas and be capable of organizing and utilizing labor to the best 
 advantage. 
 
 Sixth. — All sod , loose stones and organic matter must he re- 
 moved from the highway while the worlc is in progress. Under 
 no circumstances shall sod , roots , organic matter , worn-out dust 
 or mud he scraped from the ditches or sides of the road and 
 placed on its surface. 
 
 NOTE. 
 
 1. The above rule is mandatory and under no circumstances will a town 
 superintendent be permitted to carry on highway work in his town unless 
 this rule is strictly complied with. 
 
 Instruction and Equipment. 
 
 Seventh. — The town superintendent, after having carefully se- 
 lected persons with teams and implements and organized his 
 forces, must then thoroughly instruct the men who are to have 
 charge, and he must provide them with suitable tools, machinery 
 and labor to properly perform the highway and bridge work of the 
 town. 
 
 NOTES. 
 
 1. Inferior equipment is expensive and labor and teams should not com- 
 mence work until proper equipment is provided. 
 
 2. Wagons must be provided with a dump box sufficiently large to hold 
 
 a reasonable load of usually not less than one and a half cubic yards of 
 
 road material as it takes but a little longer to haul a proper load. Proper 
 
 care in this respect will save a large per cent, in cost. 
 
 3. Labor and teams must not be allowed to come to their work late and 
 
 leave early. An honest day’s work must be required in all instances. 
 
 Compensation must be by the hour and not by the day and town superin- 
 
 tendents will be held to strict account in this respect. 
 
 4. It is important that the town superintendent inspect all the machinery, 
 tools and implements during the winter and insist that all necessary repairs 
 be made to the same in order that the highway work may be commenced 
 without delay in the spring as early as conditions will permit. 
 
123 
 
 5. Parts of machines and implements such as scraper blades, plow points, 
 whiffletrees, etc., which are liable to break or wear out, must be purchased 
 and kept on hand at all times. 
 
 6. If, in the judgment of the town superintendent, new machinery, tools 
 and implements are required, he must include the probable cost thereof in 
 his annual estimate. If in his judgment, at any subsequent time, any 
 machinery, tools and implements are required, he must immediately notify 
 the supervisor of such fact. 
 
 7. The attention of the town superintendent is called to the fact that he 
 must be very careful to estimate the amount of money necessary for the pur- 
 chase and repair of machinery in the annual estimate which he must make in 
 writing and file with the town clerk on or before the 31st day of October in 
 each year. 
 
 Drainage. 
 
 Eighth . — As early in the spring as conditions will permit 
 waterways, ditches and culverts must he opened and cleaned and 
 the work of perfecting the drainage and improving the surface 
 of the road commenced. 
 
 NOTES. 
 
 1. There must be no delay in commencing the work of opening and clean- 
 ing ditches and culverts as soon as the frost is out of the ground. Work of 
 this kind can usually be performed before the work of improving the surface 
 of the road can be commenced. 
 
 2. In opening ditches and culverts great care must be exercised in 
 straightening the ditch line and in preserving the proper fall and grade so 
 that the water may be quickly and easily carried away. 
 
 3. The town superintendent must be careful to get the water off the road, 
 out of the road and away from the road. 
 
 4. The town superintendent must construct and keep in repair sluices and 
 culverts and cause waterways, ditches and culverts to be kept open. He is 
 especially directed to remove all earth, leaves and other rubbish from the 
 ditches and culverts late in the fall. 
 
 5. The town superintendent is directed to thoroughly remove snow and ice 
 from any culvert or sluice at any time it may become clogged with ice. 
 This is especially necessary to protect the roadbed following thaws. 
 
 6. The digging of a gutter or building diagonally across the road a small 
 dam, commonly called a “ thank-you-ma’am,” must never be permitted. 
 
 Under Drainage. 
 
 Ninth . — The town superintendent is directed to immediately 
 commence the work of subdraining all roads within the town 
 where it is apparent that a firm surface cannot be preserved or 
 made by surface drainage. 
 
 NOTES. 
 
 1. It is not the purpose of the commission to fix a mandatory rule as to 
 the kind and class of subdrainage but all town superintendents can doubtless 
 secure the best results by the use of ordinary porous land tile. 
 
124 
 
 2. Great care must be exercised in digging a ditch of sufficient depth 
 which ought at no place to be less than two feet, six inches. In general the 
 depth of a tile drain should be not less than three feet from the top of the 
 tile and must always be carefully laid so that at all places a proper fall may 
 be secured to the outlet thereof. 
 
 3. A town superintendent who is not thoroughly familiar with the prin- 
 ciples of drainage of this character is directed to consult with the county 
 superintendent., The importance of drainage cannot be overestimated and the 
 consideration of this question by the town board is important. A well 
 drained earth road is far superior to any other kind of a road poorly drained. 
 
 4. Under no circumstances will a town superintendent be permitted to 
 surface any road with gravel or broken stone, slag or other material until 
 the road has been prepared to receive the same by the use of adequate surface 
 or subdrainage and no permits for permanent work will be granted by the 
 county superintendent until work of this character is performed or else 
 includes the same. 
 
 5. The particular attention of the town superintendent is called to the 
 subject matter relating to the question of drainage published in this Bulletin. 
 
 Surfacing and Re-surfacing. 
 
 Tenth . — All roads which are to be surfaced or resurfaced with 
 gravel, broken stone, or other road material, must first be thor- 
 oughly drained and graded in accordance with instructions given 
 by the county superintendent, and when completed should have a 
 crown of about one inch fall to the foot, excepting on steep grades 
 where the fall should be increased. 
 
 NOTES. 
 
 1. The crown of a completed road on grades must in all instances be greater 
 than the natural grade of the road itself, so that the water will more quickly 
 flow to the ditches on either side. 
 
 2. A town superintendent must not undertake to perform work of this 
 character upon the highways until he has received written instructions from 
 the county superintendent in relation thereto and has been notified by him 
 that he may perform such work. 
 
 3. Under no circumstances must water be allowed to stand in the road- 
 way or in the ditches as it will cause the wearing surface to become softened 
 and the result will be ruts, holes and depressions. 
 
 4. Gravel or other material must always be spread. The act of dumping 
 compacts the material in spots and leaves the spaces between in such con- 
 dition that depressions are formed and a series of mud holes will be the re- 
 sult. It is essential that the road be brought to a uniform shape and 
 crowned after the gravel or other material is spread by the use of a road 
 machine for grading and shaping, a harrow or drag, so that the whole surface 
 may be of uniform wearing strength. Spreading the gravel or other material, 
 as above directed, will prevent the rough appearance of many roads, which 
 is caused by dumping one load in a place and raking off the top. 
 
125 
 
 5. In spreading gravel or other material, large stones should be removed 
 by raking them out and placing them forward so as to be under the material 
 next to be placed on the surface. 
 
 6. The town superintendent may, with the approval of the town board, 
 purchase gravel, stone, or other surfacing material at a price per cubic yard 
 to be approved by the town board. The price of gravel in the bed or of 
 stone in the fields or quarry is a small item. It is the cost of excavating 
 and quarrying, together with the cost of hauling to the road, the labor and 
 teams in perfecting the drainage, grading, and preparing the surface and put- 
 ting the material in place that create the expense. 
 
 Removal of Loose Stone. 
 
 Eleventh . — All loose stone lying within the beaten track of 
 every highway mnst be removed at least three times every year 
 between the 1st day of April and the 1st day of December. 
 
 NOTES. 
 
 1. Loose stone lying within the beaten track of the highway must not be 
 allowed to remain therein even though the law requires that they shall be 
 removed at least three times each year. 
 
 2. Stone so removed must not be thrown into the gutter or grass adjoining 
 the highway, but shall be conveyed to some place from which they will not 
 work back or be brought back into the beaten track. 
 
 3. The town superintendent must remove loose stone, sod, and organic 
 matter while highway work is in progress. 
 
 Depressions. 
 
 Twelfth . — All holes, ruts, and depressions must be filled with 
 the best available material and the town superintendent is directed 
 to be very careful to preserve the crown of the road so that the 
 water can easily and quickly flow to the ditch on either side. 
 
 NOTES. 
 
 1. This can be accomplished by the use of a road hone or rut scraper. 
 
 2. Road hones or rut scrapers can be constructed at a very slight cost or 
 can be purchased of most any concern manufacturing road machinery. 
 
 3. Road hones or rut scrapers should be drawn over the road following 
 storms and showers when the road is beginning to dry, starting at the ditch 
 and forcing the loose material into the ruts and toward the center which 
 keeps the road free from ruts, holes and depressions. 
 
 4. The particular attention of the town superintendent is called to the 
 fact that depressions at the approaches to culverts and bridges must be 
 promptly filled and the surface kept to grade. 
 
126 
 
 The Use of Road Machines. 
 
 Thirteenth . — Town superintendents are directed to cease using 
 road machines except in shaping and crowning or turnpiking 
 roads. 
 
 NOTE. 
 
 1. It has been the common practice year after year to use road machines 
 for rut scraping and filling depressions when much better results could have 
 been accomplished at one-third the cost by the use of a road hone or rut 
 scraper. 
 
 2. There may be exceptions to this rule and in such cases a town super- 
 intendent may use road machines at such times and at such places to perform 
 work as may be directed by either the district supervisor or the county 
 superintendent. 
 
 Sluices, Calverts and Bridges. 
 
 Fourteenth . — In the repair and construction of all sluices, 
 culverts and bridges having a span of less than five feet, the 
 town superintendent must he very careful to so construct and 
 repair the same that they will carry a steam roller or traction 
 engine, and they should always he constructed large enough to 
 enable flood water to quickly flow away. 
 
 NOTES. 
 
 1. The length of all sluices or culverts must under no circumstances be 
 less than the width of the road and they must be set low enough so that the 
 traveled portion or surface of the road will be straight and smooth and form 
 a perfect grade. 
 
 2. On grades all sluices and culverts should be constructed diagonally 
 across the road and not at right-angles. 
 
 3. Sluices and culverts of the wooden box type must not be constructed 
 unless special permission be granted by the commission, nor must tile alone be 
 used for such purposes. 
 
 Removal of Obstructions. 
 
 Fifteenth . — The town superintendent is directed to cause the 
 removal of all obstructions within the hounds of the State, county 
 and town highways. 
 
 NOTES. 
 
 1. Owners and occupants of lands should be encouraged to preserve the 
 trees by the roadside, but the town superintendent must not permit an ex- 
 cessive number of trees to stand, particularly so where they cause too much 
 shade and prevent the road from drying, but no trees shall be removed ex- 
 cepting that a written permit be granted by the county superintendent. 
 
127 
 
 2. Branches of trees overhanging the highway so as to interfere with the 
 public travel must not be permitted and the town superintendent is directed 
 to either remove them or cause the same to be done. 
 
 3. The town superintendent must not permit the highways to be used for 
 piling lumber, wood, logs, or stones therein, and he must not allow machines, 
 vehicles, and implements to be abandoned or habitually placed therein. 
 
 4. The town superintendent is directed to prohibit owners and occupants 
 of land using shade trees within the bounds of the highways for fencing or 
 other purposes and under no circumstances must he permit the same to be 
 mutilated by telegraph, telephone or trolley companies. 
 
 Repairs to Highways and Bridges. 
 
 Sixteenth . — Under no circumstances must a town superintend- 
 ent construct a bridge having a span of five feet or more unless it 
 is in accordance with plans and specifications prepared or ap- 
 proved by the county superintendent. 
 
 NOTES. 
 
 1. The construction of any bridge by a town superintendent not in accord- 
 ance with plans and specifications prepared or approved by the commission or 
 the county superintendent is an illegal act. 
 
 2. In order that there may be no mistake town superintendents must 
 understand that a town board has no authority or right under any circum- 
 stances to direct a town superintendent to proceed in any other manner 
 except in accordance with the plans and specifications as above defined. 
 
 Repairs to Highways and Bridges. 
 
 Seventeenth . — The town superintendent must cause the high- 
 ways and bridges to be kept in repair and free from obstruction 
 and inspect the highways and bridges during the months of Octo- 
 ber and April of each year. 
 
 NOTES. 
 
 1. In making the inspection during the month of April he should invite 
 the supervisor and members of the town board to accompany him to such 
 sections or portions of highways which, in his judgment, need special care 
 and attention. 
 
 2. The April inspection must be made as early as possible in the month 
 so that proper directions may be given for the work being performed upon 
 the various parts or sections. 
 
 3. When making his October inspection the town superintendent should 
 also invite the supervisor and members of the town board to accompany him 
 to those parts or sections which need extra care and attention and to bridges 
 which need extra repairs or reconstruction, as this inspection is made 
 for the purpose of gaining information on which he should base his estimate 
 or statement to the town board on the 31st day of October. 
 
128 
 
 Blank Forms. 
 
 Eighteenth . — Blank forms of orders, reports and accounts and 
 blank-books will be furnished by the commission, when in their 
 judgment they are required for their use and also for the con- 
 venience of highway officers. 
 
 NOTES. 
 
 1. The stub attachments to the blank forms of orders in the order books 
 must be carefully filled in and retained by the town superintendent as a town 
 record, and filed with the town clerk upon the 31st day of October in each 
 year. 
 
 2. This is in accordance with the Highway Law, which provides that the 
 commission shall prescribe and furnish blank forms of orders to be used by 
 the town superintendent and supervisor in keeping accounts of moneys re- 
 ceived and paid out. 
 
 Collection of Penalties. 
 
 Ninteenth . — The town superintendent must collect or enforce 
 the collection of all penalties. 
 
 NOTES. 
 
 1. He must assess the cost against owners and occupants for failure to 
 remove obstructions and also for failure to cut and remove noxious weeds, 
 briers, brush, shrubbery, and other obstructions within the highway causing 
 the drifting of snow. 
 
 2. He must assess the cost against telephone, telegraph, electrical rail- 
 way, and other electrical companies for failure to remove and reset telephone, 
 telegraph, trolley, and other poles and wires connected therewith when the 
 same shall constitute an obstruction to the use of the highway by the travel- 
 ing public. 
 
 3. He must enforce the law which relates to drainage, sewer and water 
 pipes, cattle passes and other crossings in the highway. (See Highway Law, 
 § 60 .) 
 
 4. He must enforce the collection of a penalty of ten dollars for depositing 
 and throwing loose stone in the gutters or grass adjoining the highway 
 or for depositing and throwing upon the highways ashes, papers, stones, 
 sticks, or other rubbish. (See Highway Law, § 328 .) 
 
 5. He must enforce the collection of treble damages for injury to any 
 highway or bridge, or obstructing or diverting any creek, water course or 
 sluice, or by dragging logs or timber on its surface, or by drawing or pro- 
 pelling over the same a load of such weight as to injure or destroy the culvert 
 or bridge along the same, or of such weight as will destroy, break, or injure 
 the surface of any state, county or town highway, or defacing or destroying 
 any milestone or guide post erected on any highway. (See Highway Law, 
 § 330 .) 
 
 6. He should thoroughly enforce the provisions of section 334 of the High- 
 way Law, which relates to injury to fruit or shade trees; section 335 of the 
 
129 
 
 Highway Law, which relates to the falling of trees within the bounds of the 
 highway, a river or stream; and section 336, which relates to the removal 
 of trees which have fallen within the bounds of the highway. 
 
 7. Section 337 of the Highway Law provides that all penalties and for- 
 feitures shall be recovered by the town superintendent in the name of the 
 town in which the offense is committed. After such recovery he must immedi- 
 ately place the same in the hands of the supervisor, who is the custodian. 
 
 Working Plans. 
 
 Twentieth . — It is the duty of the county superintendent to 
 advise and direct town superintendents how best to repair, main- 
 tain and improve highways and bridges. The town superintendent 
 is directed not to hesitate to request the county superintendent 
 to furnish him with working plans for the improvement or repair 
 of any highway or bridge, and also to furnish him with a list of 
 State and county highways to he constructed. 
 
 NOTES. 
 
 1. It is the duty of the town superintendent to carefully inspect State 
 and county highways designated for improvement in the spring and fall of 
 each year, and to mark or in some substantial manner indicate the portion 
 of such designated highways which may need special care and attention in 
 the preparation of plans, specifications, and estimates. 
 
 2. He should then carefully prepare recommendations in respect thereto 
 and forward the same to the county superintendent. 
 
 3. In case the county superintendent fails to provide the town superin- 
 tendent with plans and specifications for highways or bridges he should im- 
 mediately notify the commission. 
 
 When to Commence Permanent Improvements to Highways. 
 
 Twenty-first . — Under no circumstances must a town superin- 
 tendent undertake to perform work designated in the agreement 
 between the town board and himself as “ permanent improve- 
 ment ” until he has received a written permit from the county 
 superintendent. 
 
 NOTE. 
 
 1. This is for the purpose of enabling the county superintendent to exer- 
 cise the proper supervision as required by section 33 of the Highway Law 
 and to carry out the rules and regulations as prescribed by the commission. 
 
 Watering Troughs. 
 
 Twenty-second . — Watering troughs must be supplied with 
 fresh water and the surface of the same must be three feet 
 
 9 
 
130 
 
 above the level of the ground and easily accessible for horses with 
 vehicles, and when possible such troughs must be located on the 
 lower side of the highway. 
 
 NOTES. 
 
 1. The town superintendent should be careful to note the location of water- 
 ing troughs and to require the replacing and reconstruction of the same 
 to comply with this section. 
 
 2. Watering troughs should be constructed high enough so that horses can 
 be watered without unchecking of a single or double team. 
 
 3. Watering troughs should always be on the lower side of the road ex- 
 cepting where the flow can be readily carried away either by an open ditch 
 or by a culvert or sluice without injury to the surface. 
 
 4. Keep the water off the road, out of the road, and away from the road. 
 
 Approaches to Private Lands. 
 
 Twenty-third . — The town superintendent must insist upon 
 the construction and repair of approaches to private lands, unless 
 the town board takes appropriate action making the expense 
 thereof a town charge. 
 
 NOTES. 
 
 1. When directed by the town board the expense of construction and re- 
 pair to approaches shall be a town charge; therefore the town superintendent 
 should call the attention of the town board to this question at least once 
 each year and should ask them to pass a proper resolution. 
 
 2. If the town board fails to take action it is the duty of the town super- 
 intendent to strictly enforce the provisions of law and insist upon a full 
 compliance on the part of the owner or occupant of the lands. 
 
 Not to Exceed Appropriations. 
 
 Twenty- fourth . — The town superintendent does not have the 
 right or authority to exceed appropriations or to incur indebtedness 
 which shall be binding upon the town. 
 
 NOTES. 
 
 1. At least once a month the town superintendent should ask the super- 
 visor to furnish him with a statement showing the amount of money on hand 
 for the purposes as defined by section 90, subdivisions 1, 2, 3 and 4. 
 
 2. If he exceeds his appropriation the responsibility is his alone unless 
 the electors of the town should see fit, through the medium of a vote, to pro- 
 vide means for his relief. 
 
 3. The Highway Law provides means for furnishing him with a certain 
 amount of money which in liis judgment and in the judgment of the town 
 board is deemed necessary for the purpose of administering the duties of his 
 office. 
 
131 
 
 4. If the town superintendent has, without the vote of the town, incurred 
 liability not provided for by law he must understand that the excess cannot 
 properly be regarded as a town charge. 
 
 5. He has no power or authority, except as provided by law, to bind the 
 town by his individual contract or undertaking, and is individually re- 
 sponsible to those with whom he contracts if any responsibility is thereby in- 
 curred. His various duties and obligations are explicitly defined by statute. 
 
 Storage of Tools, Implements and Machinery. 
 
 Twenty -fifth . — The town superintendent is directed to pro- 
 vide a suitable place for housing and storing all machinery, tools 
 and implements owned by the town and cause the same to be 
 stored therein when not in use. 
 
 NOTES. 
 
 1. All road machines, steam rollers, stone crushers, tools, and other imple- 
 ments owned by the town or highway districts must be cared for by him at 
 the expense of the town and he should be very careful to provide for such 
 expense in the third item of his statement or estimate which he is required 
 to file on the 31st day of October in each year. 
 
 2. The expense incurred for this purpose is a town charge and must not 
 be paid out of funds raised by taxes for the improvement and repair of 
 highways and sluices having a span of less than five feet, or from moneys 
 received as State aid. 
 
 Superintendent and Manager. 
 
 Twenty-sixth . — The town superintendent should understand 
 that he is the superintendent or manager of highway and bridge 
 
 improvement, repair and maintenance in his town. 
 
 NOTES. 
 
 1. It is his duty to organize his forces, give thorough instructions and di- 
 rect the kind and class of work to be performed, subject, however, to such 
 directions as he may receive from the county superintendent or from the 
 commission or a direct representative of the commission. 
 
 2. It is not desirable that a town superintendent should undertake to 
 operate a road machine for grading and scraping or to take personal charge 
 of a separate force of men, except in very small towns. 
 
 3. It may be difficult to secure the services of suitable men to operate 
 road machines for grading and scraping, therefore he should carefully con- 
 sider this fact where such conditions exist and make provisions therefor 
 during the winter and early spring when he is organizing his forces. 
 
132 
 
 Adoption of Agreement. 
 
 Twenty-seventh . — The town board and the town superintendent 
 constitute a board for the purpose of determining the places where 
 and the manner in which moneys shall be expended. 
 
 NOTES. 
 
 ■ 1. The town clerk is a member of the town board and is also a member of 
 this board and is entitled to a vote. 
 
 2. The town superintendent must not incur any liability or perform any 
 work or cause the same to be done upon any highway until an agreement has 
 been entered into and signed in duplicate by a majority of the board so 
 constituted and until the agreement has been approved by the commission. 
 
 3. It is not necessary that an agreement be entered into for the expenditure 
 of moneys as provided by items 2, 3 and 4 of the estimate. 
 
 Expenditures. 
 
 Twenty-eighth . — The supervisor is the custodian of all high- 
 way and bridge moneys and pays out the same on the order of the 
 
 town superintendent. 
 
 NOTES. 
 
 1. In the directions for the guidance of supervisors it is stated that he 
 must not under any circumstances disburse any money held by him for any 
 purpose specified by the Highway Law except upon the written order of the 
 town superintendent. 
 
 2. Blanks in book form furnished by the commission for the use ot the 
 town superintendent in giving orders upon the supervisor are not transfer- 
 able and must only be honored by the supervisor at such times as may be 
 agreed upon between the supervisor and the town superintendent. 
 
 3. It is bad practice for a town superintendent to give orders on the super- 
 visor except at stated times and no order given by a town superintendent 
 will be honored or paid by the supervisor except it has been presented to the 
 supervisor within twenty days after the date of the order. 
 
 4. In order to simplify the work of the supervisor in keeping a uniform 
 system of town accounts, he is urged by the commission to enter into an 
 agreement with the town superintendent in establishing a semi-monthly or 
 weekly pay day and no orders given for the repair or improvement of highways 
 should be paid by him except on such agreed and stated pay day. 
 
 5. The town superintendent is directed to observe one of the following 
 plans, viz.: After an agreement has been made between the supervisor and 
 the town superintendent for the establishment of a pay day, which must be 
 semi-monthly or weekly, the town superintendent may then on a day prior to 
 such established pay day submit his orders to the supervisor for inspection 
 and if the amount represented by such orders meets with the supervisor’s 
 approval the supervisor may advance the amount thereof and take a tem- 
 porary receipt from the town superintendent therefor. The town superin- 
 
133 
 
 tendent may then retain the order book with the orders attached, and regu- 
 larly filled out, but not endorsed by the payee, and take the money so ad- 
 vanced, thus enabling him to pay each order after the proper certificate has 
 been signed on the back thereof. When the town superintendent again sub- 
 mits the orders duly made out, prior to the next established pay day, for 
 anotheT advance of money as above indicated, he may then deliver the orders 
 with the certificate on the back thereof duly signed and demand the tem- 
 porary receipt previously given to the supervisor by him, after surrendering 
 to the supervisor any unpaid orders and the cash represented thereby. Or, 
 
 Secondly. The town superintendent may present to the supervisor all 
 orders duly executed with the certificates signed on the back (this is com- 
 mon practice in State affairs) and the supervisor may then draw his per- 
 sonal checks payable to the order of each payee represented thereby, or he 
 may adopt the pay envelope system commonly in vogue. 
 
 6. All moneys received and collected or raised by the issue or sale of 
 bonds or certificates of indebtedness for purposes other than those for which 
 an agreement is required can only be paid out by the supervisor after audit 
 by the town board or town board of auditors, but the town superintendent 
 is required to make an order upon the supervisor and attach the order to 
 any bill that may be presented before such account or bill may be audited 
 and paid. 
 
 7. The town superintendent when organizing his forces must have a perfect 
 understanding with all employees to the effect that no payments shall be 
 made except on pay days as established, and that payment shall be made 
 by the supervisor upon the superintendent’s order . 
 
 Appointment of Deputy Town Superintendent. 
 
 Twenty-ninth . — A deputy town superintendent may be ap- 
 pointed by the town board to assist the town superintendent in the 
 performance of his duties. 
 
 NOTES. 
 
 1. If the town superintendent desires an assistant he should notify the 
 town board, in writing, of that fact and at the same time he may name the 
 person he deems qualified. 
 
 2. The assistant thus selected and appointed by the town board can only 
 act as such when his services may be required by the town superintendent,. 
 
 Inventory of Machinery, Tools and Implements. 
 
 Thirtieth . — The town superintendent is directed to make a 
 careful inventory of all machinery, tools and implements owned 
 by the town or the districts therein, and file the same with the 
 supervisor on the 31st day of October in each year. 
 
Compensation. 
 
 Thirty-first . — The town board must fix the compensation of the 
 town superintendent and the deputy, if there be one, which shall 
 not be less than two dollars and not more than five dollars per day. 
 
 NOTES. 
 
 1. The actual necessary expenses incurred by the town superintendent and 
 his deputy, if there be one, in the performance of their duties must be paid 
 by the supervisor monthly in advance of audit from moneys levied and col- 
 lected for such purpose. 
 
 2. The compensation of the town superintendent and his deputy, if there 
 be one, and the expenses incurred by them, is a town charge. And none of 
 the highway moneys annually raised by tax in the town for highway pur- 
 poses or which the town receives as State aid can be used to directly or in- 
 directly pay any part of the expenses incurred, or for any services performed 
 by the town superintendent or his deputy. 
 
DIRECTIONS FOR THE GUIDANCE OF SUPER- 
 VISORS. 
 
 First . — After the town superintendent has made his written 
 statement or estimate specifying the amount of money necessary 
 to be levied and collected, 
 
 1. For the repair and improvement of highways, including 
 sluices, culverts and bridges having a span of less than five feet. 
 
 2. For the repair and construction of bridges. 
 
 3. For the purchase, repair and storage of machinery, tools and 
 implements. 
 
 4. For the removal of obstructions caused by snow and other 
 miscellaneous purposes ; 
 
 and after the town board at its meeting on the Thursday succeed- 
 ing the general election has approved, increased or reduced the 
 estimate of the town superintendent, the supervisor must then 
 obtain his duplicate copy for presentation to the board of 
 supervisors. 
 
 NOTES. 
 
 1. The especial attention of the supervisor is called to the fact that under 
 no circumstances must the amount of the estimate, as approved by the town 
 board, be increased or decreased. The exact amounts in the estimate must 
 be levied, except as directed in notes 3 and 4. 
 
 2. The supervisor should first ascertain the equalized assessed valuation of 
 his town, and divide that amount by the number of miles of road in his town 
 outside of incorporated villages to ascertain the amount of assessed valuation 
 per mile of road. 
 
 3. Provided the amount of the estimate as approved by the town board is 
 less than the minimum amount required by law to be raised, which is an 
 amount of money which, when added to the amount of money to be paid 
 by the State as State aid, will equal thirty dollars per mile, then the super- 
 visor is authorized and must increase the amount of the estimate to the 
 necessary amount. 
 
 4. In case the estimate is increased as directed in note 2, the supervisor 
 is directed to immediately cause the estimate on file in the town clerk’s 
 office to be corrected, and direct the town clerk to forward a corrected 
 estimate to the county superintendent. 
 
 135 
 
5. In determining the amount of money necessary to make the minimum 
 thirty dollars per mile, the supervisor will be aided by the following table, 
 which shows the amount which must be raised by the town according to the 
 valuation per mile: 
 
 On valuations less than $3,751 the tax 
 
 $1,000 assessed valuation. 
 
 must 
 
 be $4 
 
 on 
 
 each 
 
 On 
 
 valuations 
 
 from 
 
 $3,751 
 
 to 
 
 $4,999.99 
 
 raise 
 
 $15.00 
 
 per 
 
 mile 
 
 On 
 
 valuations 
 
 from 
 
 5,000 
 
 to 
 
 6,999.99 
 
 raise 
 
 15.79 
 
 per 
 
 mile 
 
 On 
 
 valuations 
 
 from 
 
 7,000 
 
 to 
 
 8,999.99 
 
 raise 
 
 16.67 
 
 per 
 
 mile 
 
 On 
 
 valuations 
 
 from 
 
 9,000 
 
 to 
 
 10,999.99 
 
 raise 
 
 17.65 
 
 per 
 
 mile 
 
 On 
 
 valuations 
 
 from 
 
 11,000 
 
 to 
 
 12,999.99 
 
 raise 
 
 18.75 
 
 per 
 
 mile 
 
 On 
 
 valuations 
 
 from 
 
 13,000 
 
 and over 
 
 raise 
 
 20.00 
 
 per 
 
 mile 
 
 6. The supervisor should explain to the town board the necessity for ap- 
 proving the town superintendent’s estimate for an amount sufficient to meet 
 any and all necessary expenses that, in their honest judgment, may ba 
 incurred during the ensuing year. 
 
 7. The supervisor must understand that no provision is made by law for 
 raising money for any purposes provided for by the Highway Law unless 
 it is included in the estimate approved by the town board, excepting that 
 necessary moneys therefor may be transferred from the excise fund or any 
 other funds of like character. 
 
 8. In the estimate of the town superintendent, as approved by the town 
 board, if no provision is made for necessary expenses under items 2, 3, and 4, 
 or all of them, a memorandum must be made opposite each item stating 
 from what fund or funds the necessary money to meet such obligations is to 
 be obtained. This is essential in order that the estimate forwarded to the 
 commission may be properly checked and placed in the permanent files. 
 
 9. In October of each year the supervisor will find it to his advantage to 
 accompany the town superintendent when making inspection of highways and 
 bridges, or the supervisor himself should personally inspect such highways 
 or sections thereof, and bridges which, in his judgment, might need especial 
 attention. This will enable him to become familiar with the general con- 
 ditions of the highways and bridges within the town, to the end that he 
 may be able to assist the town superintendent in making his annual state- 
 ment or estimate. 
 
 10. The possession of this information would also enable him to make 
 proper recommendation to the town board in relation to the approval or 
 modification of such statement or estimate. 
 
 11. The law does not intend that the amount of the first item should be 
 extended as a separate tax, but should be treated as other town charges are. 
 In towns having incorporated villages it will be necessary to make a multi- 
 plier or tax ratio for property within the village and a different one for that 
 outside the corporation, but all the tax of the town should be extended in 
 a single column. 
 
 12. The Commission suggests that the estimates be referred to a committee 
 of the board of supervisors, and that the committee use the following as being 
 a convenient and practical form in levying these taxes: 
 
 Resolution offered by the committee on through its chairman, 
 
 Mr. , levying a tax upon the taxable property of the several 
 
 towns in county, for highway purposes as provided by sections 
 
 90 and 91 of the Highway Law: 
 
Whereas, The town superintendents of the several towns of 
 county have made an estimate of the amount of money necessary to be raised 
 by tax for the improvement of the highways and bridges and other miscella- 
 neous highway purposes of their respective towns, as provided by section 90 
 of the Highway Law; and 
 
 Whereas, The respective town boards have approved or changed said esti- 
 mates, as provided by section 91 of the Highway Law, 
 
 Therefore, Be It Resolved, That the said estimates as approved by the town 
 boards be received and the sum set opposite the name of the respective towns 
 in the column which bears the heading, “Amount of 1st Item” (which is 
 the amount of the First Item in said estimates), be assessed, levied and col- 
 lected upon the taxable property of the respective towns, exclusive of the 
 property within the limits of the incorporated village or villages of their 
 respective towns which maintain their streets and highways as a separate 
 road district, and be it further 
 
 Resolved, That the sum set opposite the names of the respective towns, in 
 the columns which bear the heading, “Amount of 2nd Item,” “Amount of 
 3rd Item ” and “Amount of 4th Item ” ( which is the amount of the Second, 
 Third and Fourth Items of said estimates as approved by the various town 
 boards) be assessed, levied and collected upon the entire taxable property of 
 the various towns of county, as follows, that is to say: 
 
 Amount of Amount of Amount of Amount of 
 Name of town. 1st Item. 2nd item. 3rd Item. J^th Item. 
 
 And that the several amounts when collected shall be paid to the supervisors 
 of the respective towns, to be paid out by them as provided by law. 
 
 Chairman. 
 
 Custodian. 
 
 Committee. 
 
 Second . — The supervisor is the custodian of all moneys levied 
 and collected and paid to the town by the State, as provided in 
 the Highway Law, and all moneys collected as penalties or re- 
 ceived from any other source and available for highways, bridges 
 and miscellaneous highway purposes. 
 
 NOTES. 
 
 1. The supervisor is directed to deposit in such bank as he may select, 
 in a separate and special account, all moneys received by tax, which must 
 
138 
 
 be indicated in the first item of the estimate as approved by the town board, 
 and all moneys received from the State as State aid, and also any moneys 
 received from any source whatever for the repair and improvement of 
 highways. 
 
 2. Money given to a town by private individuals for specific purposes, or 
 for general highway improvement, should be placed in the hands of the 
 supervisor as custodian, and the supervisor is then accountable therefor. 
 
 3. Before receiving such moneys, the supervisor must give a bond or under- 
 taking, which must be approved by the town board, and the law requires 
 that the commission shall approve the bond as to its sufficiency, but the com- 
 mission will not pass upon the sureties on the bond. 
 
 4. The commission has prepared a blank form of bond which will be fur 
 nished to supervisors and it is the desire of the commission that these bonds 
 be used. 
 
 5. The commission specifies the amount of the bond to be furnished by 
 the supervisor, to be in a sum equal to twice the amount of money which 
 the supervisor is to receive for highway purposes. In cases where individual 
 bonds are given and where surety company bonds are given the amount of 
 the bond shall be for an amount equal to the amount of highway monies to 
 be received. 
 
 6. The bond or undertaking must be' filed in the office of the town clerk, 
 
 and a certified copy of the same must be filed in the office of the county 
 treasurer before any moneys can be paid to the supervisor. A certified copy 1 
 
 of the bond or undertaking must also be filed in the office of the commission 
 
 at Albany for approval as to its sufficiency, before receiving any moneys 
 from the county treasurer. 
 
 Disbursements. 
 
 Third . — The supervisor must not, under any circumstances, 
 disburse any moneys held by him for any purposes specified by 
 the Highway Law, except upon the written order of the town 
 superintendent. 
 
 NOTES. 
 
 1. Blanks in book form, furnished by the commission for the use of the 
 town superintendent in giving orders upon the supervisor, are not trans- 
 ferable, and must only be honored by the supervisor at such time as may 
 be agreed upon between the supervisor and the town superintendent. 
 
 2. It is bad practice to allow a town superintendent to give orders on the 
 supervisor except at stated times, and no order given by a town super- 
 intendent should be honored or paid by the supervisor except it has been 
 presented to the supervisor for payment and entry upon the account book 
 furnished by the commission within twenty days after the issuance thereof. 
 
 3. In order to simplify the work of the supervisor in keeping a uniform 
 system of town accounts, he is urged by the commission to enter into an 
 agreement with the town superintendent establishing a semi-monthly or 
 weekly pay day, and no orders given for the repair and improvement of 
 highways should be paid by him except upon such agreed and stated pay days. 
 
 4. The supervisor is directed to observe one of the following plans, viz: 
 After an agreement has been made between the supervisor and the town 
 
130 
 
 superintendent in the establishment of a pay day, which must he semi-monthly 
 or weekly, the town superintendent may then, on a day prior to such 
 established pay day, submit his orders to the supervisor for inspection, and 
 if the amount represented by such orders meets with the supervisor’s ap- 
 proval, he may advance the amount thereof and take a temporary receipt 
 therefor. The town superintendent may then retain the order book with 
 the orders attached and regularly filled out but not endorsed by the payee, 
 and take the money so advanced, thus enabling him to pay each order after 
 the proper certificate has been signed on the back thereof. When the town 
 superintendent submits the orders duly made out, prior to the next established 
 pay day, for another advance of money as above indicated, he may then 
 deliver the orders detached from the order book, with certificates on the 
 back thereof duly signed, and demand the temporary receipt previously 
 given to the supervisor by him after surrendering to the' supervisor any 
 unpaid orders and the cash represented thereby. Or, secondly, the town 
 superintendent may present to the supervisor all orders duly executed, with 
 the certificates signed on the back (this is the common practice in State 
 affairs), and the supervisor may then draw his personal checks payable to 
 the order of each payee represented thereby, or may adopt the pay envelope 
 system commonly in vogue. 
 
 5. All moneys received and collected, or raised by the issue or sale of bonds 
 or certificates of indebtedness for purposes other than those for which an 
 agreement is required, can only be paid out by the supervisor after audit 
 by the town board, or the town board of auditors. 
 
 6. Special attention of the supervisor is called to the fact that no accounts 
 must be audited or paid unless the expenditure be in accordance with the 
 annual estimate of the town superintendent, as approved by the town board, 
 or after authorization of the town board, and subsequent to a vote of the 
 electors of the town at a biennial or special town meeting, except in the 
 case of transfer of moneys from other funds. 
 
 7. Bills and accounts for highway, bridge and miscellaneous purposes cannot 
 be audited and paid unless actual proof has been made' therefor, and under 
 no circumstances must a liability be incurred against the town, excepting 
 that the money necessary to meet such liability is on hand and available. 
 
 8. Should the supervisor discover that the town superintendent is per- 
 forming work, or causing the same to be performed, contrary to the pro- 
 visions of the agreement, he should immediately notify the commission of 
 such fact so that an investigation may immediately be made and charges be 
 preferred against the town superintendent, in accordance with section 46 of 
 the Highway Law, which provides for the removal of the town superintendent. 
 
 9. The town superintendent is directed to, at least once each month, ask 
 the supervisor to furnish him with a statement showing the amount of money 
 on hand for purposes defined by section 90, subdivisions 1, 2, 3, and 4; and 
 the supervisor is directed to furnish him with such statement so that the 
 town superintendent may have no excuse for causing work to be performed 
 without there being funds available therefor. 
 
 Supervisor’s Report. 
 
 Fourth . — The supervisor shall present to the town hoard and 
 the town board of audit, if there he one. at the meeting held on the 
 
140 
 
 Thursday succeeding general election, his uniform system of ac- ^ 
 
 counts, together with all vouchers, and his verified Highway, 
 
 Bridge and Miscellaneous Report for audit. 
 
 NOTES. f 
 
 1. It is clearly the intent of the Highway Law that these accounts and 
 reports must be audited at this meeting. 
 
 2. The form of this report is prescribed by the commission and is in the 
 back of the account book, whicii must be filed in the office of the town clerk, 
 and be open to public inspection during his office hours. 
 
 3. The supervisor is directed to call the attention of the town clerk to the 
 fact that it is his duty to provide the supervisor with a certified copy of the 
 Highway, Bridge and Miscellaneous Report, which is to be filed by him with 
 the clerk of the board of supervisors for publication in the proceedings of 
 the board; also that it is the duty of the town clerk to furnish the town 
 board with a certified copy to be published in a newspaper as required by law. 
 
 4. The supervisor is directed to call the attention of the clerk of the 
 board of supervisors to the fact that it is his duty to transmit three copies 
 of the journal of the proceedings of the board containing such report to the 
 commission, and three copies to the comptroller. 
 
 «- * 
 ( 
 
 Uniform System of Town Accounting. 
 
 Fifth . — The supervisor is directed to keep the account book 
 which is furnished by the commission, in accordance with the 
 directions printed on the inside of the front cover. 
 
 NOTES. 
 
 1. This account book must be regularly kept, so that auditors of accounts, 
 or other representatives of the commission, may be able to promptly inspect 
 the same and make their required report to the commission. 
 
 2. Under no circumstances shall the supervisor allow orders given by 
 the town superintendent to accumulate prior to entry upon the account book. 
 
 3. Under no circumstances shall the supervisor accept or pay an order of 
 
 the town superintendent unless the blank form of order prescribed by the 
 commission is used. « 
 
 4. All orders and records of accounts must, at the end of the fiscal year, 
 be filed in the office of the town clerk and preserved as a part of the town 
 records. 
 
 5. The supervisor, town clerk and town superintendent must produce all , 
 
 records and accounts for examination and inspection at any time on the 
 
 demand of a representative of the commission. 
 
 Compensation of Supervisor. 
 
 Sixth . — The supervisor is directed to call the attention of the 
 town hoard to the foregoing directions, in order that the town 
 
141 
 
 board may intelligently fix bis compensation for such services, as 
 provided by section 110 of the Highway Law. 
 
 NOTE. 
 
 1. All moneys paid to the supervisor for services rendered in receiving 
 and paying out moneys, as provided by the Highway Law, and the keeping 
 of the necessary accounts, is a town charge, and is not chargeable against 
 any fund raised for any other purpose. 
 
 2 . The compensation fixed by the town board is in lieu of all other fees 
 or compensation heretofore allowed the supervisor for his services under the 
 Highway Law. 
 
DIRECTIONS FOR THE GUIDANCE OF TOWN 
 CLERKS. 
 
 First. — Town clerks are directed to prepare and forward to the 
 commission, within ten days after due qualification, correct lists 
 showing the names, postoffice addresses, date of appointment or 
 election, and the expiration of the terms of office of the following 
 officers, namely: Supervisors, town clerk, justices of the peace, 
 town superintendent and assessors. 
 
 NOTES. 
 
 1. Blank forms for the use of town clerks in furnishing the above informa- 
 tion will be furnished by the commission. 
 
 2 . In preparing such list the town clerk is particularly requested to be very 
 careful and furnish the full Christian name of each officer; and he should 
 also be very particular to thoroughly inform himself as to the actual post- 
 office addresses, so that there may be no unnecessary delay in the trans- 
 mission of mail or other matter to each individual by the commission. 
 
 3. Any failure on the part of the town clerk to furnish the information as 
 directed by the commission or comptroller is a breach of contract on the part 
 of the town, and might be a cause for withholding the moneys otherwise due 
 the town from the State, as State aid. 
 
 Member of the Town Board. 
 
 Second. — The town clerk is a member of the town board. (See 
 Town Law, § 160.) 
 
 NOTES. 
 
 1. The board, for the purpose of determining the places where, and the 
 manner in which moneys for highway and bridge purposes are to be expended, 
 is constituted as follows, viz: The supervisor, town clerk, justices of the 
 peace, and town superintendent. 
 
 2 . An agreement for the expenditure of money for the repair and improve- 
 ment of the town highways must be entered into and signed in triplicate by a 
 majority of the members of the board so constituted. 
 
 3. The town clerk must forward these three agreements to the commission. 
 If approved, one copy will be returned by the commission to the town clerk, 
 which must be filed in his office, and one copy will be forwarded to the dis- 
 trict or county superintendent. The third copy will be retained by the 
 commission. 
 
143 
 
 Compensation of Town Clerk. 
 
 Third . — The town clerk is directed to call the attention of the 
 town board to the duties which he must perform, in order that they 
 may properly fix the compensation for his services, as provided 
 by the Town Law. 
 
 NOTES. 
 
 1. The town board may fix the compensation in advance, or compensation 
 may be made after services shall have been rendered. The compensation to be 
 fixed by the town board is purely a question for the town board to decide, as 
 to the amount thereof or whether a system of compensation shall be adopted, 
 commonly known as the “ fee ” system. It is, however, suggested that the 
 town board should not act hastily, and that the compensation shall not be 
 fixed until the town board has thoroughly satisfied itself as to the value of 
 his services. 
 
 2. Any money paid to the town clerk for services shall not be charged 
 against any fund, except that it is raised for such purpose. 
 
 Filing of Town Records. 
 
 Fourth. — The town clerk is directed to carefully observe the 
 provisions of the Highway Law which relate to the filing of records 
 and also the rules and regulations of the commission which relate 
 thereto. He is, therefore, directed to receive and file, 
 
 First. — The supervisor’s book of uniform highway, bridge and miscel- 
 laneous accounts in which is bound his annual report. 
 
 Second. — All orders from the town superintendent on which payments have 
 been made. 
 
 Third. — The town superintendent’s stub books from which said orders were 
 drawn. 
 
 Fourth. — A list of persons employed by the town superintendent with the 
 compensation paid to each and the capacity in which they are employed. 
 
 Fifth. — All bids for contracts and contracts awarded. 
 
 Sixth. — The recommendations of the district or county superintendent aa 
 to what machinery, tools and implements should be purchased. 
 
 Seventh. — Any orders, together with any maps or diagrams which may show 
 the location of sidewalks and trees, certified to by the town superintendent. 
 
 Eighth . — The report of the town superintendent showing the mileage of 
 highways in accordance with blank report furnished by this department. 
 
 Ninth . — Certificates issued by the district or county superintendent relative 
 to the closing of highways during repair and construction. 
 
 Tenth. — The bond of the supervisor of which he shall also make two certi- 
 fied copies and forward one to the county treasurer and one to the commission. 
 
 Eleventh. — Copies of all certificates of indebtedness issued by the consent 
 of the town board and any and all communications, recommendations, notices 
 relating to the repair and improvement of highways as provided for by 
 chapter 330, known as the Highway Law. 
 
144 
 
 Preparation of Reports. 
 
 Fifth . — The town clerk shall provide the supervisor with a 
 certified copy of the annual Highway, Bridge and Miscellaneous 
 Report which he is called upon to file with the clerk of the board 
 of supervisors for publication in the annual proceedings. He shall 
 also provide his town hoard with a certified copy of this report to 
 be used by them for publication in a newspaper. 
 
 NOTE. 
 
 1. It is important that the town clerk should furnish the certified copies 
 of this report immediately following the filing of the same with him by the 
 supervisor. 
 
 Estimate as Approved by Town Board. 
 
 Sixth . — The town clerk is a member of the town board which 
 must approve or disapprove of the estimate of the town superin- 
 tendent and must preserve as a town record the proceedings of the 
 town board in relation thereto. 
 
 NOTES. 
 
 1. The estimate must be signed in duplicate and one filed in the office of 
 the town clerk. 
 
 2. The supervisor must be furnished with a duplicate of the estimate to be 
 delivered by him to the clerk of the board of supervisors. 
 
 3. It is the duty of the town clerk to forward a certified copy of the esti- 
 mate to the commission. 
 
 Statement Regarding Extraordinary Repairs. 
 
 Seventh . — The town clerk shall prepare a statement showing 
 the probable cost of improving, repairing or rebuilding any high- 
 way or bridge which shall at any time be damaged or destroyed 
 by the elements or otherwise, or become unsafe for public use or 
 travel or if any bridge be condemned by the commission. 
 
 NOTES. 
 
 1. The statement must be signed in duplicate by a majority of the mem- 
 bers of the town board, one of which duplicates shall be filed in the office of 
 the town clerk and one must be delivered to the supervisor. It is then the 
 duty of the town clerk to make a copy of the same and transmit it to the 
 commission. 
 
 2. Copies of any certificates of indebtedness or records showing the action 
 of the town board in providing money to meet the expenses incurred for 
 extraordinary repairs to highways and bridges must also be forwarded to the 
 
 commission. 
 
 3. Information necessary to enable the town clerk to make a statement of 
 khis character must be furnished by the district or county superintendent. 
 
THE HIGHWAY LAW 
 
 OF THE 
 
 STATE OF NEW YORK 
 
 ' L. 1909, chap . 30. — An Act Relating to Highways, Con- 
 stituting Chapter Twenty-Five of the Consolidated Laws. 
 
 (In effect February 17, 1909.) 
 
 As amended by the Legislatures of 1909 and 1910. 
 CHAPTER XXV OF THE COXSOLIDATED LAWS. 
 
 HIGHWAY LAW. 
 
 Article I. Short title and definitions (§§ 1-3). 
 
 II. Department of highways (§§ 10-22). 
 
 III. District or county superintendents (§§ 30-33). 
 
 IV. Town superintendents; general powers and duties (§§ 40-77). 
 
 V. Highway moneys; state aid (§§ 90-111). 
 
 VI. State and county highways (§§ 120-157). 
 
 VII. Maintenance of state and county highways (§§ 170-179). 
 
 VIII. Laying out, altering and discontinuing highways; private roads 
 (§§ 190-240). 
 
 IX. Bridges (§§ 250-262). 
 
 X. Ferries (§§ 270-274). 
 
 XI. Motor vehicles. (§§ 280-310). 
 
 XII. Miscellaneous provisions (§§ 320-343). 
 
 XIII. Saving clauses; laws repealed; when to take effect (§§ 350-358). 
 
 10 
 
 145- 
 
146 
 
 ARTICLE I. 
 
 Short Title and Definitions. 
 
 Section 1. Short title. f 
 
 2. Definitions. 
 
 3. Classification of highways. 
 
 Section 1. Short title. — This chapter shall be known as the 
 “ Highway Law.” 
 
 § 2. Definitions. — 1. The term “ department,” when used in this 
 chapter, shall mean the department of highways as constituted 
 herein. 
 
 2. The term “ commission,” when so used, shall mean the state 
 
 commission of highways. \ 
 
 3. The term “ district superintendent ” or “ county superin- 
 tendent,” when so used, shall mean the district superintendent 
 of highways or county superintendent of highways respectively. 
 
 4. The term “ town superintendent,” when so used, shall mean 
 the town superintendent of highways. 
 
 5. A highway within the provisions of this chapter shall be 
 deemed to include necessary culverts, sluices, drains, ditches, 
 waterways, embankments, retaining walls and all bridges having 
 a span of five feet or less. 
 
 Sidewalks as part of highway. A sidewalk is as much a part of the high- 
 way as the traveled wagon road. People v. Meyer, Misc. 117, 56 N. Y. Supp. 
 
 1097, 1099 (1899). 
 
 Private roads. Provisions are made in this chapter for the laying out of 
 private roads. See Highway Law, §§ 211-226. As to what constitutes a 
 dedication of a private road as a public highway, see Highway Law, § 191, 
 and the cases cited thereunder. 
 
 § 3. Classification of highways. — Highways are hereby di- 
 vided into four classes: 
 
 1. State highway® are those constructed or improved under , 
 
 this chapter at the sole expense of the state, including those high- 
 ways specified and described in section one hundred and twenty 
 
 of this chapter. 
 
 2. County highways are those heretofore or hereafter con- 
 structed or improved at the joint expense of state, county and 
 town, as provided by law, except those highways specified and 
 described in section one hundred and twenty of this chapter. 
 
147 
 
 3. County roads are those designated as such under a general or 
 special law and constructed, improved, maintained and repaired 
 by the county as such in counties in which the county road system 
 has been or may be adopted. 
 
 4. Town highways are those constructed, improved or main- 
 tained by the town with the aid of the state, under the provisions 
 of this chapter, including all highways in towns, outside of incor- 
 porated villages constituting separate road districts, which do not 
 belong to either of the three preceding classes. 
 
 As amended by L. 1910, cliap. 567. 
 
 ARTICLE II. 
 
 Department of Highways. 
 
 Section 10. Department of highways established. 
 
 11. State commission of highways; deputies; secretary and other 
 
 clerks, officers and employees. 
 
 12. Oath of office; undertakings. 
 
 13. Principal office; official seal; stationery. 
 
 14. Salaries and expenses. 
 
 15. General powers and duties of the commission. 
 
 16. Division of state; division engineers. 
 
 17. Duties of division engineers. 
 
 18. Blank forms and town accounts. 
 
 19. Examination of accounts and records. 
 
 20. Condemnation of bridges. 
 
 21. Estimate of cost of maintenance of state and county highways. 
 
 22. Buies and regulations for state and county highways. 
 
 § 10. Department of highways established. — There is hereby 
 established a department, to be known as a department of high- 
 ways, which shall be constituted as provided in this chapter, 
 and shall have the powers and perform the duties hereinafter 
 prescribed. 
 
 § 11. State commission of highways; deputies, secretary, and 
 other clerks, officers and employees. — On or before the tenth day 
 of January, nineteen hundred and nine, the governor shall ap- 
 point three commissioners of highways, by and with the advice 
 and consent of the senate, who shall constitute the state commis- 
 sion of highways, and shall devote all of their time to the duties 
 of their office. Of the commissioners first appointed one shall be 
 designated by the governor as chairman during the term of office 
 of said commissioner. One of them shall be a practical civil en- 
 gineer who shall have had actual experience in the construction 
 
148 
 
 of highways and bridges. The commissioners first appointed 
 hereunder shall hold office for terms of two, four and six years 
 commencing on the first day of January, nineteen hundred and 
 nine, to be designated by the governor when making the appoint- 
 ment. One of such commissioners shall belong to the party cast- 
 ing at the last preceding state election the next to the highest num- 
 ber of votes for governor, and whenever appointments are made 
 to fill vacancies caused by the expiration of term or otherwise 
 they shall be made so that at least one of such commissioners shall 
 belong to such party. Upon the expiration of each such terms 
 the term of office of each commissioner thereafter appointed shall 
 be six years from the first day of January succeeding the ex- 
 piration of the term of office of his predecessor. If a vacancy 
 shall occur otherwise than by expiration of term it shall be 
 filled by appointment for the unexpired term. The commis- 
 sion shall appoint two deputies, each of whom shall have 
 had practical experience in the actual building, construction and 
 maintenance of highways and be familiar with the operation and 
 effect of state statutes relating to highways and bridges. One of 
 such deputies shall be known as the first deputy and his duties 
 shall relate to the maintenance of state and county highways ; 
 the other shall be known as the second deputy, and his duties 
 shall relate to the improvement, repair and maintenance of town 
 highways and bridges. Each of such deputies shall have such 
 other and further duties as may be imposed upon him by the 
 commission. The commission shall appoint a secretary who shall 
 have the duties prescribed by the commission. The commission 
 shall appoint such resident engineers, clerks, officers and em- 
 ployees as may be required to carry out the provisions of this 
 chapter, subject to the civil service laws and the provisions of this 
 chapter, within the amount appropriated therefor, unless the 
 appointment of such clerks, officers or employees is otherwise 
 provided for herein. District superintendents, appointed as pro- 
 vided in this chapter, shall be appointed from lists prepared 
 from examinations which shall test their qualifications for 
 the actual construction and maintenance of highways and their 
 executive capacity, rather than their scientific attainments. 
 Clerks, other than those employed in the principal office of the 
 commission, inspectors and other employees in the department 
 whose duties pertain to the maintenance of highways, shall like- 
 wise be selected from lists prepared from examinations testing 
 their general knowledge of the highway law and of the prac- 
 
149 
 
 tical construction of highways. Inspectors of construction, other 
 than engineers and levelers, shall be selected from lists similarly 
 prepared, except that they shall be residents of the county within 
 which the highway constructed or improved is located. To the 
 end that the employees of the department of highways engaged 
 in the work of constructing, improving or maintaining highways 
 under the provisions of this chapter may be practical highway 
 builders, the highway commission is authorized to indicate to the 
 civil service commission the relative value which should be given 
 to experience and scientific attainments. 
 
 § 12. Oath of office ; undertaking. — Each of such commissioners 
 shall, before entering upon the duties of his office, take and sub- 
 scribe the constitutional oath of office and execute an undertak- 
 ing in the sum of twenty-five thousand dollars, to be approved 
 by and filed with the comptroller and renewed as often as the 
 governor may require. Such undertaking shall be to the effect 
 that each such commissioner will faithfully discharge the duties 
 of his office and promptly account for and pay over all moneys 
 or property received by him as such commissioner in accordance 
 with law, or in default thereof that the parties executing such 
 undertaking will pay all damages, costs and expenses resulting 
 from such default. Each of the deputies and the secretary shall 
 execute an undertaking in the sum of five thousand dollars to be 
 approved by the commission and filed in its office. 
 
 § 13. Principal office; official seal; stationery — The principal 
 office of the department shall be in the city of Albany in rooms 
 provided by the trustees of public buildings. The department 
 shall have an official seal, to be prepared by the secretary of 
 state, as provided by law. The offices of the department shall be 
 supplied with necessary postage, stationery and office furniture 
 and appliances, to be paid for out of moneys appropriated there- 
 for, and it shall have prepared for it by the state, such books and 
 blanks as are required for carrying on the business of the 
 department. 
 
 § 14. Salaries and expenses. — The chairman of the commission 
 shall receive an annual salary of six thousand dollars; each of 
 the other commissioners shall receive an annual salary of five 
 thousand dollars. The first and second deputy and secretary 
 shall each receive an annual salary of three thousand five hundred 
 dollars. The clerks, officers and other employees of the department 
 shall receive the compensation fixed by the commission except as 
 otherwise defined and established in this chapter and by the an- 
 
nual appropriation and supply bills. In tbe discharge of theii 
 official duties such commissioners, deputies, secretary, and the 
 clerks, officers and other employees of the department shall have 
 reimbursed to them their necessary traveling expenses and dis- 
 bursements. Such salaries and expenses shall be paid by the state 
 treasurer upon the warrant of the comptroller, out of moneys 
 appropriated therefor in the same manner as the salaries and ex- 
 penses of other officers, clerks and employees are paid. 
 
 § 15. General powers and duties of the commission — The com- 
 mission shall 
 
 1. Have general supervision of all highways and bridges which 
 are constructed, improved or maintained in whole or in part by 
 the aid of state moneys. 
 
 2. Prescribe rules and regulations not inconsistent with law, 
 fixing the duties of division engineers, district, county and town 
 superintendents in respect to all highways and bridges compos- 
 ing the state and county systems and determining the method of 
 the construction, improvement or maintenance of such highways 
 and bridges. Such rules and regulations shall, before taking 
 effect, be printed and transmitted to the highway officers affected 
 thereby. 
 
 3. Compel compliance with laws, rules and regulations relat- 
 ing to such highways and bridges by highway officers and see 
 that the same are carried into full force and effect. 
 
 4. Aid district, county and town superintendents in establish- 
 ing grades, preparing suitable systems of drainage and advise 
 with them as to the construction, improvement and maintenance 
 of highways and bridges. 
 
 5. Cause plans, specifications and estimates to be prepared for 
 the repair and improvement of highways and the construction and 
 repair of bridges, when requested so to do by a district, county 
 or town superintendent. 
 
 6. Investigate and determine upon the various methods of road 
 construction adapted to different sections of the state, and as to 
 the best methods of construction and maintenance of highways and 
 bridges. 
 
 8. Compile statistics relating to the public highways through- 
 out the state, and collect such information in regard thereto as 
 they shall deem expedient. 
 
 9. Cause public meetings to be held at least once each year, in 
 each district or county, for the purpose of furnishing such gen- 
 eral information and instructions as may be necessary, regarding 
 
151 
 
 the construction, improvement or maintenance of the highways 
 and bridges and the application of the highway law, and the rules 
 and regulations of the department, and also for the purpose of 
 hearing complaints. They shall notify the district or county 
 superintendent of their intention to hold such meeting or meet- 
 ings, specifying the date and the place thereof. 
 
 10. Aid at all times in promoting highway improvement 
 throughout the state, and perform such other duties and have 
 such other powers in respect to highways and bridges as may be 
 imposed or conferred on them by law. 
 
 11. Approve and determine the final plans, specifications and 
 estimates for state and county highways upon the receipt of the 
 report and recommendations of the county or district superin- 
 tendent, as provided herein, and transmit the same in the case of 
 a county highway to the board of supervisors. After the approval 
 of such plans, specifications and estimate by the board of super- 
 visors and the return thereof to the commission, in the case of a 
 county highway and after their final determination in respect 
 thereto in the case of a State highway, the Commission shall 
 cause a contract to be let for the construction or improvement of 
 such State or county highway after due advertisement. 
 
 12. Prepare tables showing the total number of miles of high- 
 ways in the state, by town and county, and file a copy of the 
 same in the office of the comptroller. 
 
 Authority of State Highway Commission. By an opinion of the Attorney- 
 General, under date of April 28, 1909, it was held that section 15 specifies 
 and defines the powers and duties of the Commission and that its supervision 
 and control are not limited to the highways which have been or will be con- 
 structed in whole or in part by State aid, but extends to all highways which 
 are improved or maintained in whole or in part by the aid of State moneys. 
 It will also be observed by subdivisions 4, 5, 6, 7, 8, 9, 10 and 12 of section 15, 
 that the Commission has general advisory supervision over all public high- 
 ways in the State and that it is required to prescribe rules and regulations 
 therefore. 
 
 The Commission also has supervisory control over moneys in the hands 
 of the supervisor for such purposes and it is its duty to safeguard such 
 funds, particularly those furnished by the State. 
 
 § 16. Division of state; division engineers. — The commission 
 shall divide the state into not more than six divisions and shall 
 appoint and assign to each division a division engineer. In 
 making such division no county shall be divided. Each person 
 so appointed as a division engineer shall be a practical civil engi- 
 neer having had actual experience in the construction and main- 
 tenance of highways and bridges. The salary of such engineers 
 
152 
 
 shall be three thousand dollars per annum. An office may be 
 maintained by such division engineers at a convenient place 
 within each division as authorized by the commission. The salary 
 and expenses of such engineers shall be paid out of moneys ap- 
 propriated therefor upon the requisition of the commission. Each 
 division engineer shall, before entering upon the duties of his 
 office, take and subscribe the constitutional oath of office and exe- 
 cute an official undertaking in the sum of ten thousand dollars to 
 be approved by the commission. 
 
 § 17. Duties of division engineers. — Each division engineer 
 shall devote his entire time to the performance of his duties. He 
 shall, under the direction and control of the commission: 
 
 1. Make or cause to be made all surveys, maps, plans, speci- 
 fications and estimates necessary or required for the improve- 
 ment, construction and maintenance of state and county highways 
 within the division for which he is appointed. 
 
 2. Examine, revise and approve all plans, specifications and 
 estimates and proposals for the improvement, construction and 
 maintenance of highways and bridges within his division, wffiich 
 may be submitted by the commission, pursuant to the provisions 
 of this chapter, or the rules and regulations of the commission. 
 
 3. Examine and inspect, or cause to be examined and in- 
 spected, the work performed on any highways, and report to the 
 commission as to whether the work has been done in accordance 
 with the plans and specifications and contracts made therefor. 
 
 4. Approve and certify to the monthly estimates or allowances 
 for work being performed under any contract let for the construc- 
 tion, improvement or maintenance of state and county highways. 
 
 5. Inspect, or cause to be inspected, all state and county high- 
 ways, and report from time to time in respect thereto, when 
 required by the commission. 
 
 6. Consult with district, county and town superintendents and 
 other highway officers in respect to the proper methods of con- 
 structing, improving and maintaining highways and bridges. 
 
 7. Perform such other duties as may be prescribed by the 
 commission. 
 
 § 18. Blank forms and town accounts. — The commission shall 
 prescribe and furnish blank forms of orders, reports and accounts 
 and blank books, whenever in their judgment they are required 
 for the convenience of their office and of highway officers. 
 
 The Commission is authorized to prescribe the method of keeping account 
 of highway moneys. Highway Law, § 108. 
 
153 
 
 § 19. Examination of accounts and records. — The commission 
 may, at such times as may he deemed expedient, cause an exam- 
 ination of all accounts and records kept as required by this chap- 
 ter, and it shall be the duty of all county and town officers to 
 produce all such records and accounts for examination and in- 
 spection, at any time on demand of a representative of the 
 commission. 
 
 § 20. Condemnation of bridges. — The commission shall cause 
 an inspection to be made of any bridge which is reported to be 
 unsafe for public use and travel by the district or county super- 
 intendent, the town superintendent, or five residents of the town. 
 If such bridge is found to be unsafe for public use and travel the 
 commission shall condemn such bridge, and notify the district or 
 county superintendent, the town superintendent and the supervisor 
 of the town, of that fact. The district or county superintendent 
 shall either prepare or approve plans, specifications and estimates 
 for the construction or repair of such bridge without delay. The 
 town shall provide for the construction or reconstruction of such 
 bridge, as provided for by section ninety-three of this chapter. 
 
 By an opinion of the Attorney -Genenal under date of May 3, 1910, it was 
 held that a bridge cannot be built or repaired unless the money is provided 
 in some way for the work and that the whole underlying scheme of the 
 Highway Law is defeated if the vote of the town is adverse to the proposi- 
 tion. The bridges which the towns are bound to support span many rivers, 
 streams and ravines where fording or other means of crossing would be 
 impossible and if a town refuses its consent to the construction or repair 
 of a bridge which would cost more than $1,500 and the bridge has either 
 been washed away or become dangerous to travel, the road would have to be 
 abandoned, travel along it discontinued and the general public inconvenienced 
 until the tax payers of the town could be persuaded to vote the necessary 
 appropriation. There is no authority conferred upon the Commission to act 
 in the event of the failure of- the electors of a town to vote the necessary 
 appropriation and there is no power or authority given to anybody to go 
 ahead with the construction or repair of a bridge, no matter how dangerous 
 it may be, if the expense thereof is to be more than $1,500. 
 
 § 21. Estimate of cost of maintenance of state and county high- 
 ways. — The commission shall annually cause to be inspected all 
 state and county highways, either by the division engineer, or the 
 district or county superintendent of the district or county in 
 which such highways are situated and shall require a complete 
 report of such inspection which shall show in detail the condition 
 of the highway inspected, the necessary work to be performed 
 in the repair and maintenance of such highways, and the esti- 
 
154 
 
 mated cost thereof. The commission shall revise said estimates 
 and annually report to the legislature its estimated cost of such 
 repair and maintenance for the ensuing year, as so revised, in 
 detail by town and county. 
 
 § 22. Rules and regulations for state and county highways. — 
 
 The commission is hereby empowered to make rules and regula- 
 tions from time to time for the protection of any state or county 
 highway or section thereof. They may prescribe the width of 
 tires to be used on such highways and they may prohibit the use 
 of chains or armored tires by motor vehicles upon such high- 
 ways, and any disobedience thereof shall be punishable by a 
 fine of not less than ten dollars and not exceeding one hundred 
 dollars, to be prosecuted for by the town, county, or district 
 superintendent and paid to the county treasurer to the credit of 
 the fund for the maintenance of such highways in the town where 
 such fine is collected. 
 
 AKTICLE III. 
 
 District or County Superintendents. 
 
 Section 30. Appointment of county superintendents. 
 
 31. District superintendents; appointment and salaries. 
 
 32. Removal of county superintendents. 
 
 33. General powers and duties of district or county superintendents. 
 
 § 30. Appointment of county superintendent. — The board of 
 supervisors of any county may appoint a county superintendent, 
 determine the amount of the bond which he shall give, fix his 
 salary, and provide for the payment of all the necessary expenses 
 incurred while in the performance of his duties, which salary and 
 expenses, shall be a county charge, and may remove such county 
 superintendent for malfeasance or misfeasance in office, upon 
 written charges, after an opportunity to be heard, not less than 
 five days after the service upon such superintendent of a 
 copy of such charges. The term of office of each superintendent 
 shall be four years unless sooner removed by the board of super- 
 visors as above provided, or by the commission as hereinafter 
 provided. 
 
 Amended by L. 1910, ch. 567. 
 
 § 31. District superintendents: appointment and salaries.— If 
 
 the board of supervisors of any county shall fail to appoint a 
 county superintendent, the commission shall appoint a county 
 superintendent from the eligible list of the county, and fix his 
 
155 
 
 salary, which, together with his expenses, shall be a county charge, 
 payable monthly, or, in its discretion, place such county in a 
 district with such other counties as they deem best and appoint a 
 district superintendent therefor. A county may be divided, 
 but no district shall contain more than five thousand miles of 
 public highways. Such district superintendents may be removed 
 by the commission at its pleasure. The commission shall 
 fix the salaries of such superintendents. Such salaries, together 
 with expenses, shall be paid monthly in the first instance by the 
 state treasurer upon the warrant of the comptroller and the 
 amount thereof shall be annually apportioned by the commission 
 among the counties contained in the district, in proportion to 
 the number of miles of public highways of such county and in 
 such district. The comptroller shall certify the amount so appor- 
 tioned to the board of supervisors of each of such counties, and 
 such board shall annually levy and cause to be collected as a 
 county charge the proportionate part of such salary, and the 
 treasurer of each such county shall pay the sum so raised into 
 
 the state treasury. 
 
 Amended by L. 1910, ch. 224. 
 
 § 32. Removal of county superintendent.-— The commission may 
 remove a county superintendent for inefficiency, neglect of duty 
 or misconduct in office, upon written charges after an opportunity] 
 of being publicly heard in his defense. A copy of such charges 
 shall be personally served upon such superintendent and he shall 
 be given not less than five days’ notice of the time and place of 
 the hearing. If upon such hearing it appears that the charges 
 are sustained, the commission shall remove such superintendent 
 and forthwith serve notice thereof by mail upon the superintendent 
 and upon the chairman and clerk of the board of supervisors 
 of the county for which he was appointed. Such notice shall 
 state specifically the grounds for such removal. The record of 
 the proceedings upon such hearing shall be filed in the office of 
 the commission. The commission shall appoint a district super- 
 intendent for such county or cause it to be added to some other 
 district, and it shall thereupon be made subject to the jurisdic- 
 tion of the district superintendent thereof until the board of 
 supervisors shall appoint a new county superintendent to fill the 
 vacancy caused by such removal. 
 
 § 33. General powers and duties of district or county superin- 
 tendents. — The district or county superintendent appointed as 
 
156 
 
 provided in this article shall, subject to the rules and regulations 
 of the commission: 
 
 1. Have the general charge of all highways and bridges within 
 his district or county and see that the same are improved, re- 
 paired and maintained, as provided by law, and have the general 
 supervision of the work of constructing, improving and repairing 
 bridges and town highways in his district or county. 
 
 2. Visit and inspect the highways and bridges in each town 
 of his district or county, at least once in each year and whenever 
 directed by the commission, and advise and direct the town super- 
 intendent how best to repair, maintain and improve such highways 
 and bridges. 
 
 2a. If a county has any county roads as defined by subdivision 
 3 of section 3, the county superintendent shall on or before Decem- 
 ber 1st in each year prepare and submit to the board of super- 
 visors of such county a statement of the amount necessary to be 
 raised by the board of supervisors for the construction, improve- 
 ment and maintenance of such county roads for the ensuing year, 
 showing the amount by towns and as a total and the location where 
 any permanent repairs are required to be made. 
 
 Added by L. 1910, ch. 567. 
 
 3. Examine the various formations and deposits of gravel and 
 stone in his district or county, for the purpose of ascertaining the 
 materials which are best available and suitable for the improve- 
 ment of highways therein, and when requested by the commission 
 submit samples of such formations and deposits and make a 
 written report in respect thereto. 
 
 4. Establish, or cause to be established, such grades, and recom- 
 mend such means of drainage, repairs and improvements, as seem 
 to him necessary whenever requested by the town superintendent 
 or town board. 
 
 5. Approve plans and specifications and estimates for the erec- 
 tion and repair of bridges and the construction and maintenance 
 of town highways. 
 
 6. Report to the commission annually, on or before November 
 fifteenth in each year, in relation to the highways and bridges in 
 his district or county, containing such matter and in such form 
 as may be prescribed by the commission, and file a duplicate 
 thereof with the clerk of the board of supervisors. Additional 
 reports shall be made from time to time when required by the 
 commission in respect to such matters as may be specified by 
 them. 
 
7. Whenever a public -meeting for a county or district shall 
 have been called by the commission he shall cause due notice 
 to be mailed to each town superintendent and supervisor of the 
 towns under his jurisdiction and give such notice by advertise- 
 ment as shall be directed by the commission. 
 
 8. Inspect or cause to be inspected, if so directed by the board 
 of supervisors, each county highway during its construction or 
 improvement, and certify to the board of supervisors the progress 
 of the work, and report to the commission any irregularities of 
 the contractor or any failure on his part to comply with the 
 terms of the contract. 
 
 9. Perform such other duties as may be prescribed by law, or 
 the rules and regulations of the commission. 
 
 Rules and regulations of commission. It is provided that the powers and 
 
 duties herein conferred or imposed upon the district or county superintendents 
 shall be exercised or performed subject to rules and regulations of the com- 
 mission. By § 15, subd. 2, ante , the commission is authorized to prescribe 
 rules and regulations fixing the duties of district and county superintendents, 
 “ not inconsistent with law.” 
 
 Gravel and stone deposits. The object of requiring county and district 
 superintendents to report to the commission as to deposits and formations of 
 gravel and stone in their counties or districts, is to inform the commission 
 of the availability of good material for highway construction so as to enable 
 them to determine the kind and cost of material to be used in the construc- 
 tion of State and county highways in such localities. 
 
 Public meetings are called by the commission pursuant to § 15, subd. 9, 
 ante , and town superintendents are required to be present, under § 47, subd. 
 10, post. 
 
 Inspection of county highways during construction is required of county 
 and district superintendents, only when requested by boards of supervisors., 
 in which event they are representatives of the county for the purpose of 
 ascertaining whether the county is getting what it pays for. Under the old 
 law the town and county had no opportunity to be heard during the con- 
 struction of a highway, and in practice the highway was accepted solely upon 
 the determination of the State Engineer although the localities were required 
 to pay one-half of the cost. When such a highway is properly completed it is 
 provided in section 134 that the board of supervisors is to accept the same, 
 and this inspection will aid the board in arriving at a proper determination. 
 
158 
 
 AETICLE IV. 
 
 Town Superintendent; General Powers and Duties. 
 
 Section 40. Election of town superintendent of highways. 
 
 41. Submission of proposition for appointment of town superin- 
 
 tendent. 
 
 42. Term of office of town superintendent. 
 
 43. Vacancies; office of highway commissioner abolished. 
 
 44. Deputy town superintendent. 
 
 45. Compensation of town superintendent and deputy. 
 
 46. Removal of town superintendent. 
 
 47. General powers and duties of town superintendent. 
 
 48. Contracts for the construction of town highways. 
 
 49. Machinery, tools and implements. 
 
 50. Town superintendent may hire machinery. 
 
 51. Purchase of gravel and stone. 
 
 52. Obstructions and their removal. 
 
 53. Removal of obstructions from ditches, culverts and waterways. 
 
 54. Removal of noxious weeds and brush within the highways, and 
 
 of obstructions caused by snow. 
 
 55. Assessment of costs against owners and occupants. 
 
 56. Wire fences to prevent snow blockades. 
 
 57. Entry upon lands by town superintendent. 
 
 58. Damages to owners of lands. 
 
 59. Damages for change of grade. 
 
 60. Drainage, sewer and water pipes, cattle passes or crossings in 
 
 highways. 
 
 61. Trees and sidewalks. 
 
 62. Expenditures for sidewalks. 
 
 63. Allowances for shade trees. 
 
 64. Custody of shade trees. 
 
 65. Compensation for ’watering troughs. 
 
 66. Credit on private road. 
 
 67. Neglect or refusal to prosecute. 
 
 68. Erection of guide boards. 
 
 69. Measurement of highways and report. 
 
 70. Application for service of prisoners. 
 
 71. Construction and repair of approaches to private lands. 
 
 72. Unsafe toll bridges. 
 
 73. Actions for injuries to highways. 
 
 74. Liability of town for defective highways. 
 
 75. Action by town against superintendent. 
 
 76. Audit of damages without action. 
 
 77. Closing highways for repair or construction. 
 
 78. Adoption of labor system for removing snov r . 
 
 79. Assessment of cost of labor for removal of snow. 
 
 80. List of persons assessed for removal of snow. 
 
 81. District foremen; return and levy of unworked taxes. 
 
 82. Appeals by nonresidents; certain assessments to be separate; 
 
 tenant may deduct assessment. 
 
159 
 
 § 40. Election of town superintendent of highways. — At the 
 
 biennial town meeting held next after the taking effect of this 
 chapter, there shall be elected in each town a town superin- 
 tendent of highways. A successor to the town superintendent, 
 so elected, shall be elected at each biennial town meeting held 
 thereafter in such town, unless the town shall have adopted as 
 provided in section 41 a resolution that thereafter the town 
 superintendent shall be appointed by the town board. 
 
 Every elector of a town is eligible to the office of town superintendent. 
 Town Law, § 80. 
 
 A town superintendent must be a resident of the town. A town superin- 
 tendent is required to take constitutional oath of office. The town clerk is 
 to notify the town board of failure of town superintendent to take and file 
 oath of office. The neglect or failure to file oath of office within the required 
 time vacates office. 
 
 § 41. Submission of proposition for appointment of town super- 
 intendent. — Upon the written request of twenty-five taxpayers of 
 any town, made and filed as provided in the tovm law, the 
 electors thereof may, at a special or biennial town meeting, 
 fote by ballot upon a proposition providing for the appointment 
 of a town superintendent in such town. Such proposition shall 
 be submitted in the manner provided by law for the submission 
 of questions or propositions at a town meeting. If such propo- 
 sition be adopted, the town board of the town shall, upon the 
 expiration of the term of office of the elected town superin- 
 tendent, appoint a town superintendent therefor, who shall take 
 and hold office for the term hereinafter prescribed. 
 
 § 42. Term of office of town superintendent. — The term of office 
 of a town superintendent elected or appointed, as provided in 
 this article, shall be two years. If such town superintendent be 
 elected at a town meeting held at the time of a general elec- 
 tion, his term shall begin on the Thursday succeeding his elec- 
 tion, or as soon thereafter as he shall have been officially notified 
 of his election and shall have duly qualified. If such town super- 
 intendent shall have been elected at a town meeting held at any 
 other time, his term of office shall begin on the first day of 
 November succeeding his election. If such town superintendent 
 shall have been appointed pursuant to a proposition adopted, as 
 provided in the preceding section, his term shall likewise begin 
 on the first day of November, and the town board shall meet prior 
 to that day, for the appointment of such town superintendent. 
 
166 
 
 § 43. Vacancies; office of highway commissioner abolished. — 
 
 Vacancies in the office of town superintendent shall be filled for 
 the balance of the unexpired term. The office of highway com- 
 missioner in each town is hereby abolished, to take effect on and 
 after November first, nineteen hundred and nine. Where the 
 office of highway commissioner shall become vacant by expiration 
 of term or otherwise, after the taking effect of this chapter, and 
 prior to the said first day of November, nineteen hundred and 
 nine, such vacancies shall he filled for a term to expire on such 
 date. Highway commissioners in office when this chapter or any 
 section hereof takes effect shall exercise the powers and perform 
 the duties hereby conferred and imposed upon town superintend- 
 ents until the said first day of November, nineteen hundred and 
 nine, and until their successors shall have duly qualified, where- 
 upon such powers and duties shall cease and determine. 
 
 § 44. Deputy town superintendent. — The town board of a town 
 may, in its discretion, upon the written recommendation of the 
 town superintendent, appoint a deputy town superintendent, to be 
 nominated by such towin superintendent, to assist him in the per- 
 formance of his duties. Such deputy superintendent shall act as 
 such during the pleasure of the town superintendent. 
 
 § 45. Compensation of town superintendent and deputy. — The 
 town board shall fix the compensation of such superintendent 
 and his deputy, if one be appointed, which shall not be less than 
 two nor more than five dollars per day. Such town superintendent 
 and his deputy, if any, shall be paid the actual and necessary ex- 
 penses incurred them in the performance of their duties. Such 
 compensation may be paid by the supervisor monthly, in advance 
 of audit, from moneys levied and collected for such purpose, on 
 accounts duly verified in the same manner as town accounts are 
 required by law to be verified. Such accounts for compensation, 
 together with accounts for expenses incurred by such town super- 
 intendent and his deputy, if any, verified as above provided, shall 
 be subject to audit by the town board at its meeting held annually 
 for the audit of accounts of towm officers, and the balance due, a9 
 finally audited by the town board, shall be paid by the supervisor 
 to such town superintendent, or deputy, if any, from funds avail- 
 able therefor. 
 
 § 46. Removal of town superintendent. — A town superintendent 
 may be removed by the town board upon written charges pre- 
 ferred by the commission, or by the district or county superin- 
 tendent, for malfeasance or misfeasance in office. Such charges 
 
161 
 
 shall be presented in duplicate to the town clerk, one of which 
 shall be filed in his office, and the other shall be served by him 
 personally upon the town superintendent, together with a notice 
 directing him to appear before the town board at a time and place 
 stated therein Such service shall be made at least five days prior 
 to the time specified in such notice. The town board shall convene 
 for the purpose of considering such charges within ten days after 
 the filing thereof with the town clerk. The town board shall hear 
 evidence in support and in defense of such charges and after such 
 hearing shall enter an order in the office of the town clerk either 
 sustaining or dismissing such charges. The entry of an order 
 sustaining the charges shall operate as a removal and the town 
 board shall appoint another person to fill the vacancy caused 
 thereby. The person so appointed shall hold office for the unex- 
 pired term or until the entry of a final order of a court of com- 
 petent jurisdiction determining that the original town superin- 
 tendent was wrongfully and illegally removed and directing his 
 reinstatement. If the charges are dismissed, the town board 
 shall notify the commission and the district or county superin- 
 tendent of such fact. The town board shall also notify the com- 
 mission and the district or county superintendent of the name 
 of the person appointed to fill the vacancy caused by 
 the removal of such town superintendent. An appeal may 
 be taken by the commission or district or county super- 
 intendent, or by the town superintendent, from the order 
 of the town board, to the county court by the filing of a 
 notice of such appeal in the office of the town clerk within thirty 
 days after the entry of such order. A copy of such notice of 
 appeal shall be served personally or by mail upon the adverse 
 party. Upon such appeal the county court shall consider the 
 charges presented to the town board, and may hear evidence in 
 support and in defense thereof. After such hearing the court 
 shall make an order either affirming or reversing the order of the 
 town board. A copy of such order shall be entered in the office 
 of the town clerk. If the order reverse an order dismissing the 
 charges, it shall direct the town board to remove the town super- 
 intendent and appoint a person to fill the vacancy caused thereby, 
 within the time specified therein ; if it reverse an order sustaining 
 such charges, it shall direct the reinstatement of the town super- 
 intendent removed, to take effect upon the filing of the copy in 
 said town clerk’s office. 
 
 11 - 
 
162 
 
 § 47. General powers and duties of town superintendent. — The 
 
 town superintendent shall, subject to the rules and regulations of 
 the commission, made and adopted as provided in this chapter : 
 
 1. Have the care and superintendence of the highways and 
 bridges in the town except as otherwise specially provided in 
 relation to incorporated villages, cities and other localities. 
 
 2. Cause such highways and bridges to be kept in repair, and 
 free from obstructions caused by snow and give the necessary 
 directions therefor, and inspect the highways and bridges within 
 the town, during the months of April and October of each year, 
 or at such other time as the district or county superintendent 
 may prescribe. 
 
 3. Divide the town into as many sections as may be necessary 
 for the proper maintenance and repair of the highways therein, 
 and the opening of highways obstructed by snom 
 
 Obstructions caused by snow. The duty of keeping highways free from 
 obstructions caused by snow is made by this subdivision as obligatory upon 
 the town superintendent the same as keeping them in repair. 
 
 4. Employ such persons with teams and implements, as may be 
 necessary for the proper maintenance and repair of highways 
 and bridges, and the removal of obstructions caused by snow, 
 subject to the approval of the town board, as hereinafter provided, 
 and provide for the organization and supervision of the persons so 
 employed. lie shall file a list of the names of the persons so 
 employed, with the compensation paid to each, and the capacity 
 in which they were employed in the office of the town clerk. 
 
 Payment of laborers. When an agreement has been entered into between 
 the town board and the town superintendent, as provided in section 105, post, 
 authorizing the expenditure of highway moneys at such places and in such 
 manner as may be specified in such agreement, the town superintendent is 
 authorized to employ such labor as may be necessary in making such repairs 
 and improvement, and the wages are to be paid by the supervisor on the 
 written order of the town superintendent. 
 
 Weekly or semi-monthly pay days should be established and provision made 
 by the town superintendent and supervisor for the issue and payment of town 
 highway orders upon such day. 
 
 5. Construct and keep in repair sluices and culverts and cause 
 the waterways, bridges and culverts to be kept open. 
 
 Ditches, culverts and waterways in State and county highways are required 
 to be kept open and free from obstructions at all times, by the town superin- 
 tendent. See section 53, post. It is made unlawful for the owner or occupant 
 of lands adjoining a highway to fill up any dit^h or place any material of any 
 
1G3 
 
 kind or character therein so as to in any manner obstruct or interfere with 
 the purposes for which it was made. See section 71, post. 
 
 6. Cause loose stones lying in the beaten track of every high- 
 way within his town to be removed at least three times each year 
 between the first day of April and the first day of December. 
 Stones so removed shall be conveyed to some place from which 
 they shall not work back, or be brought back into the track by road 
 machines or other implements used in repairing such highways. 
 
 Injurious substances in highways. A person who willfully throws, drops or 
 places, or causes to be thrown, dropped or placed, upon any road, highway, 
 street or public place, any glass, nails, pieces of metal or other substances 
 which might wound, disable or injure any animal is guilty of a misdemeanor. 
 Penal Code, section 661. 
 
 7. Cause noxious weeds growing within the bounds of the high- 
 way to be cut and removed, at least twice each year, once between 
 the first and thirtieth day of July, and once between the first and 
 thirtieth day of September. He shall also cause all briers and 
 brush within the bounds of the highway to be cut and removed 
 once between the first and thirtieth day of September in each 
 year, as provided by section fifty-four of this chapter, unless 
 otherwise directed by the commission. 
 
 Subd. 7, amended by L. 1910, ch. 567. In effect June 21, 1910. 
 
 8. Cause such highways as shall have been laid out, but not 
 sufficiently described, and such as shall have been used for twenty 
 years, but not recorded, to be ascertained, described and entered 
 on record in the town clerk’s office. 
 
 9. Inspect all highways which are to be constructed or improved 
 as state or county highways, when directed by the district or 
 county superintendent, for the purpgse of securing preliminary 
 information to be used in preparing the plans and specifications 
 for such highways, and mark or in some substantial manner 
 designate the portions of such highways which may need special 
 care and attention. He shall report to the district or county 
 superintendent the condition of such highways and submit there- 
 with such recommendations in respect thereto as may seem ex- 
 pedient. The district or county superintendent may require addi- 
 tional reports in respect to such highways whenever it seems to 
 him to be necessary. 
 
 10. Attend public meetings called by the commission, held 
 within the county, after receiving notice thereof from the district 
 or county superintendent, and his expenses necessarily incurred 
 thereby shall be a town charge. 
 
164 
 
 11. Cause the monuments erected, or to be erected, as the 
 boundaries of highways, to he kept up and renewed so that the 
 extent of such highway boundaries may be publicly knowm, and 
 erect and establish such new monuments as may be required by 
 the district or county superintendent. 
 
 12. Collect all penalties prescribed by this chapter. 
 
 13. Report annually on such date as may be prescribed by the 
 commission, prior to November fifteenth, to the district or county 
 superintendent, in relation to the highways and bridges in his 
 town, containing the matter and in the form to be prescribed by 
 the commission. 
 
 14. Perform such other duties and have such other powers as 
 may be imposed or conferred by law, or the rules and regulations 
 of the commission, including the powers and duties heretofore 
 exercised or performed by highway commissioners. 
 
 § 48. Contracts for the construction of town highways. — The 
 town board of any town may provide that the construction of new 
 highways, or the permanent improvement or reconstruction of ex- 
 isting highways, the cost of which will exceed five hundred dollars, 
 shall be done under contracts. All such contracts shall be 
 awarded by the town superintendent, in accordance with esti- 
 mates, plans and specifications to be furnished by the district or 
 county superintendent, or by the commission, as provided in this 
 chapter, to the lowest responsible bidders, after advertisement 
 once a week, for three consecutive weeks, in a newspaper published 
 in the town where the work is to be performed, or if no newspaper 
 is published therein, in a newspaper published at some other 
 place in the county, having the largest circulation in said town. 
 All bids for such work shall be opened in public and shall be 
 filed in the office of the town clerk. No such contract shall be 
 awarded, unless it be approved by the district or county superin- 
 tendent, as to its form and sufficiency. The person to whom such 
 contract is awarded shall execute a bond to the town, in a sum 
 equal to the amount of the contract, with two or more sureties 
 to be approved by the town board, conditioned for the faithful 
 compliance with the terms of the contract, and the plans and 
 specifications and for a payment of all damages which may accrue 
 to the town, because of a violation thereof. When such wiork is 
 completed pursuant to the terms of such contract, and the plans 
 and specifications therefor, and accepted by the district or county 
 superintendent and tow T n board, as being in accordance therewith, 
 
165 
 
 the cost of the work under the contract shall be paid out of moneys 
 available therefor, in the same manner as other highway expenses. 
 Payments made under such contract shall be upon, certificates 
 issued to the contractor by the district or county superintendent, 
 to the effect that the work has been done under and in accordance 
 with the terms of such contract, and the plans and specifications. 
 All work done under any such contract shall be under the super- 
 vision of the district or county superintendent, or some person 
 designated by him. The town superintendent shall file all con- 
 tracts, awarded under this section or as provided in this chapter, 
 for the construction, improvement or repair of town highways 
 and bridges, wiith the town clerk of the town within ten days after 
 their execution. 
 
 Note: This section is intended to give town boards the option of having 
 work amounting to more than $500 done under direction of the town super- 
 intendent, or by contract, as may best serve the interests of the town. 
 
 § 49. Machinery, tools and implements. — The town superin- 
 tendent may, with the approval of the town board, purchase for 
 the use of the town, stone crushers, steam rollers, traction engines, 
 road machines for grading and scraping, tools and other imple- 
 ments, subject to the limitations prescribed in section ninety- 
 four, which shall be paid for from moneys levied and collected or 
 from the proceeds of bonds issued and sold for such purposes 
 as provided in this chapter. No contract for the purchase of 
 stone crushers, steam rollers or traction engines shall be valid, 
 unless the district or county superintendent shall have approved 
 thereof and endorsed his approval upon such contract. All road 
 machines, stone crushers, steam rollers, tools and other imple- 
 ments owned either by the town or the highway districts therein, 
 when this chapter takes effect, shall be used by the town superin- 
 tendent in such manner and at such places in such town as he 
 shall deem best. They shall be under the control of the superin- 
 tendent and be cared for by him at the expense of the town. 
 The town superintendent shall annually make a written inventory 
 of all such machinery, tools and implements, indicating each 
 article and stating the value thereof, and the estimated cost of 
 all necessary repairs thereto, and deliver the same to the super- 
 visor of the town on or before October thirty-first in each year. 
 He shall at the same time file with the town clerk his written 
 recommendations as to what machinery, tools and implements 
 should be purchased for the use of the town, and the probable 
 
166 
 
 cost thereof. The town superintendent shall provide a suitable 
 place for housing and storing all machinery, tools and imple- 
 ments owned by the town and cause the same to be stored therein, 
 when not in use. Where there is an incorporated village consti- 
 tuting a separate road district, wholly or partly in a town which 
 has purchased a stone crusher, steam roller or traction engine, 
 the town board of such town may permit the use thereof by such 
 village upon such terms as may be agreed upon. 
 
 § 50. Town superintendent may hire machinery. — The town su- 
 perintendent may, with the approval of the district or county 
 superintendent, lease or hire stone crushers, steam rollers and 
 traction engines at a rate to be approved by the town board, which 
 shall not exceed ten dollars for a stone crusher and steam roller, 
 and eight dollars for a traction engine, for each day such stone 
 crusher, steam roller or traction engine is actually used upon the 
 highways. The expense thereof shall be paid by the supervisor, 
 upon the written order of the town superintendent, out of moneys 
 received by him, as provided in this chapter, for the repair and 
 improvement of highways. 
 
 § 51. Purchase of gravel and stone.— The town superintendent 
 may, with the approval of the town board, purchase of the owmer 
 of any gravel bed or pit, or stone quarry within the town, gravel 
 or stone for the purpose of grading, repairing or otherwise im- 
 proving the highways of the town, at a price per cubic yard to be 
 approved by the town board. If such town superintendent can- 
 not agree with any such owner for the purchase of such gravel 
 or stone, he may, with the approval of the towm board, acquire 
 by condemnation the right to take and use such gravel or stone, 
 and to remove the same from such bed, pit or quarry, for the 
 purpose of grading, repairing or otherwise improving such high- 
 ways, together with the right of way to and from such bed, pit 
 or quarry, for the purpose of such removal. No such gravel or 
 stone shall be so taken by condemnation within five hundred feet 
 of any house or barn, or from any lawn, orchard or vineyard. 
 The purchase price of such stone or gravel and the damages 
 awarded in such condemnation proceedings, together with the costs 
 and expenses thereof, shall be a town charge and paid from moneys 
 levied and collected therefor, as provided by law. If the town 
 shall abandon for the period of three years any right acquired 
 under this section to take and use the gravel or stone from any 
 such bed, pit or quarry, for a period of three years, or if the 
 superintendent shall cease to use the same for the purposes for 
 
167 
 
 which it was acquired, the right thereto shall cease, and the owner- 
 ship thereof shall revert to and become vested in the owner of 
 such bed, pit or quarry, or his heirs or assigns. 
 
 § 52. Obstructions and their removal. — Obstructions, within the 
 meaning of this section, shall include trees which have been cut 
 or have fallen either on adjacent lands or within the bounds of 
 the highway, in such a manner as to interfere with public travel 
 therein; limbs of trees which have fallen within the highway, or 
 branches of trees overhanging the highway so as to interfere with 
 public travel therein ; lumber, wood or logs piled within the bounds 
 of the public highway; machines, vehicles and implements aban- 
 doned or habitually placed within the bounds of the highway; 
 fences, buildings or other structures erected wiithin the bounds of 
 the highway; earth, stone or other material placed in any ditch 
 or waterway along the highway ; telegraph, telephone, trolley and 
 other poles, and the wires connected therewith, erected within the 
 bounds of the highway in such a manner as to interfere with the 
 use of the highway for public travel. 
 
 It shall be the duty of each owner or occupant of lands situate 
 along the highway, to remove all obstructions within the bounds of 
 the highway, which have been placed there, either by themselves 
 or by their consent. It shall be the duty of all telephone, telegraph, 
 electric railway and other electrical companies, to remove and reset 
 telephone, telegraph, trolley and other poles and the wires con- 
 nected therewith, when the same constitute obstructions to the 
 use of the highway by the traveling public. If such obstructions 
 are not removed, or such poles or wires are not moved and reset, 
 within thirty days after the service of a notice, personally or by 
 mail, upon such owner or occupant, or upon such company at its 
 principal place of business, or an agent of such company within 
 the town, requesting the same to be done, the town superintendent 
 shall remove such obstructions, and move and reset such poles and 
 wires. The expense thereby incurred shall be paid in the first 
 instance out of moneys levied and collected and available 
 therefor, and the amount thereof shall be charged against such 
 owner, occupant or company, and levied and collected, as pro- 
 vided in section fifty-five. 
 
 From an opinion of the Attorney-General under date of October 24, 1910, 
 it was held: 
 
 “ It is evident that the use of moneys * * * moneys raised for the 
 
 repair and improvement of highways, including state aid. are never available 
 for the construction of new town roads and could not be legally diverted to 
 
168 
 
 any other use. The different funds are required to be kept separate by 
 section 107 of the Highway Law, also by order of the State Highway Com- 
 mission, and a surplus, in one fund is not available for use for other work. 
 I am, therefore, of the opinion that moneys known as state aid cannot Oe 
 used in the building and construction of new town roads or for the payment 
 of damages awarded to land owners in the laying out of a new highway, or 
 for any other purpose except the repair and improvement of the highways 
 of the town. 
 
 “ In reply to that part of your enquiry as to how the town can procure 
 the necessary money to build a highway, if it cannot be taken from the 
 general fund for the repair and improvement of the highways, I beg to state 
 that section 90 of the Highway Law requires the town superintendent to 
 make estimates of the amounts that should be raised by tax in the town 
 for the ensuing year, and by subdivision 4 thereof he can make an estimate 
 and present it to the town board of the amount which he deems necessary 
 should be raised for building a town highway that has been newly laid out. 
 It is certainly a miscellaneous purpose not provided for in any other subdi- 
 vision of that section. There is no limitation to the amount that can be 
 raised for miscellaneous purposes except as it is controlled by the public 
 necessities of the town. 
 
 “ It is also a purpose that can only arise occasionally in any town and Is 
 not of annual occurrence like most of the other purposes mentioned in the 
 act referred to. 
 
 “ The estimates above mentioned are then laid before the town board and 
 if it approves the several amounts are laid before the board of supervisors 
 and raised in the same way as other highway taxes in the town, but if this 
 method is not deemed expedient and if any town board should not feel that 
 it was authorized to raise the amount as above outlined, a proposition can 
 be submitted as provided by section 97 of the Highway Law to the voters 
 of the town.” 
 
 § 53. Removal of obstructions from ditches, culverts and water- 
 ways. — The town superintendent shall cause all ditches, culverts 
 and waterways on state and county highways to be kept free 
 from obstructions at all times. He shall also cause snow and ice 
 to be removed from the culverts and waterways of such high- 
 ways and the expense thereof shall be paid from the moneys 
 levied and collected for the repair and improvement of highways, 
 as provided by this chapter. 
 
 § 53-a. Temporary obstructions of highways. — The necessary ob- 
 struction of a highway by the removal of buildings or other tem- 
 porary obstruction shall only be allowed under a permit granted 
 by the county superintendent upon the written request of the town 
 superintendent. 
 
 Added by L. 1910, ch. 567. 
 
 § 54. Removal of noxious weeds and brush within the highways, 
 and of obstructions caused by snow. — It shall be the duty of the 
 
169 
 
 owner or occupant of lands situated along the highway to cut 
 and remove the noxious weeds growing within the bounds of the 
 highway, fronting such lands, at least twice in each year, once 
 in the month of June, and once in the month of August. Unless 
 otherwise directed by the commission, it shall be the duty of 
 such owner or occupant to cut and remove all briers and brush, 
 growing within the bounds of the highway, fronting such lands, 
 once in the month of August in each year. It shall also be the 
 duty of such owner or occupant to remove brush, shrubbery and 
 other obstructions within the bounds of the highway, causing the 
 drifting of snow upon said highway, before the first day of Novem- 
 ber in each year. If such owuier or occupant fails to cut or remove 
 such weeds or brush, or to remove such brush, shrubbery or other 
 obstructions, causing the drifting of snow, as provided herein, the 
 town superintendent of the town in which said lands are situated 
 shall cause the same to be done and the expense thereby incurred 
 shall be paid in the first instance out of moneys levied and col- 
 lected and available therefor, and the amount thereof shall be 
 charged against such owner or occupant, and levied and collected, 
 as provided in section fifty-five. 
 
 § 55. Assessment of cost against owners and occupants. — The 
 
 town superintendent shall assess the cost of, 
 
 1. Removing obstructions and moving and resetting poles and 
 wires, pursuant to section fifty-two. 
 
 2. Cutting and removing noxious weeds, briers and brush and 
 removing brush, shrubbery and other obstructions within the high- 
 ways, causing the drifting of snow, pursuant to section fifty-four, 
 against the owner, occupant or company neglecting to perform the 
 duty imposed by the sections above referred to. Such town super- 
 intendent shall serve personally or by mail upon such owner, oc- 
 cupant or company, a written notice, stating that at a time and 
 place specified therein, he will assess such cost against the owner, 
 occupant or company neglecting to perform such duty. Such 
 notice shall be served at least eight days previous to the time speci- 
 fied therein. If directed against a company, it may be served 
 upon it at its principal place of business, or upon an agent of the 
 company within the town. At the time and place so specified, 
 he shall hear the parties interested, and shall thereupon complete 
 the assessment, stating therein, the name of each owner, 
 occupant or company, and the amount assessed against him 
 or it, and shall return such assessment to the town clerk who 
 shall present the same to the town board of his town, at its meet- 
 
170 
 
 ing held on the Thursday preceding the annual meeting of the 
 board of supervisors. Such town board shall certify such assess- 
 ment to the board of supervisors who shall cause the amount 
 stated therein to be levied against such owner, occupant or com- 
 pany and any uncollected tax shall be a lien upon the land 
 affected. The amount so levied shall be collected in the same 
 manner as other taxes levied by such board, and shall be paid 
 to the supervisor of the town, to be applied in reimbursing the 
 fund from which such cost was defrayed. 
 
 Abutting owners to cut weeds, brush, etc. A person whose lands about 
 the highway, whether the line of his land is at the edge or in the center 
 of the highway, is required by statute to cut, destroy and remove brush 
 and weeds from the highway surrounding such lands, and where different 
 persons own the land each should cut the brush, etc., to the center of the line 
 of the highway regardless of whether the center line of the highway is the 
 boundary line of the lands. 
 
 § 56. Wire fences to prevent snow blockades. — The town super- 
 intendent, with the consent of the town board, may purchase wire 
 for fences to be erected for the prevention of snow blockades, 
 and the said town superintendent is hereby authorized to contract 
 with the owners of the lands lying along the highways of their 
 respective towns, at such points as are liable to snow blockade, 
 for the removal of the fences now standing along the boundaries 
 of such highways and the replacing of such fences with wire 
 fences. ITe may contract to deliver to such land owners fence 
 wire to be used in the construction of such fences, without charge 
 to said land owners, at the place of purchase, but he shall not 
 agree to pay any part of the cost of the removal or construction 
 called for by said contracts, or to make any payment to said land 
 owners, as a compensation for the construction of fences or for 
 posts. The amount to be expended for the purchase of such wire 
 shall not exceed the sum of three hundred dollars in any one year, 
 and such amount shall be included in the estimate for expendi- 
 tures for removal of obstructions caused by snow, and other mis- 
 cellaneous purposes, and paid from the money levied and collected 
 therefor. The fences to be built, under the provisions of this 
 section, shall be of not less than four strands of wire, nor more 
 than nine strands, in the discretion of the town superintendent, 
 approved by the town board, and the construction of said fences 
 and their distance apart, shall be such as said town superintendent 
 shall prescribe. Whenever such fence or fences shall become so 
 out of repair as to be dangerous to animals passing along the 
 
highway, it shall be the duty of the owner or owners of said fence 
 or fences to immediately repair or replace the same. Whenever 
 the town superintendent shall contract for the removal of any 
 fence, under the provisions of this section, he shall file in the 
 office of the town clerk a description of that portion of the high- 
 way to which said contract shall apply, and thereafter it shall 
 not be lawful for any person to replace the fence so contracted 
 to be removed, wfith any fence liable to cause the drifting of snow. 
 In no case shall the town superintendent approve of or permit 
 the use of barb wire for such fences. 
 
 § 57. Entry upon lands by town superintendent. — The town 
 superintendent may, when directed by the district or county 
 superintendent, and when authorized by the town board, enter 
 
 1. Upon any lands adjacent to any of the highways in the town, 
 for the purpose of opening an existing ditch or drain, or for dig- 
 ging a new ditch or drain for the free passage of water for the 
 drainage of such highways. 
 
 2. Upon the lands of any person adjoining rivers, streams or 
 creeks, to drive spiles, throw up embankments and perform such 
 other labor as may be necessary to keep such rivers, streams or 
 creeks within their proper channels, and to prevent their en- 
 croachment upon highways or abutments of bridges. 
 
 3. Upon the lands adjoining a highway which, during the 
 spring freshets or at a time of highwater are subject to overflow 
 from such rivers, streams or creeks, to remove or change the posi- 
 tion of a fence or other obstruction preventing the free flow of 
 water under or through a highway, bridge or culvert, whenever 
 the same may be necessary for the protection of such highway or 
 bridge. 
 
 4. Upon any lands adjacent to highways to remove any fence 
 or other obstruction which causes snow to drift in and upon such 
 highways, and erect snow fences or other devices upon such lands 
 to prevent the drifting of snow in or upon such highways. 
 
 § 58. Damages to owners of lands. — Where lands are entered 
 upon under the provisions of the preceding section, the town super- 
 intendent shall agree with the owner of such lands, subject to the 
 approval of the town board, as to the amount of damages, if any, 
 sustained by such owner in consequence of such entry in per- 
 formance of the work authorized by such section, and the amount 
 of such damages shall be a town charge. If the town superin- 
 tendent is unable to agree with such owner upon the amount of 
 
172 
 
 damages thus sustained the amount thereof shall be ascertained, * 
 
 determined and paid in the manner that damages are so ascer- 
 tained, determined and paid, where new highways are laid out 
 and opened and the town superintendent and land owners are 
 uable to agree upon the amount thereof. r 
 
 § 59. Damages for change of grade — In any town in which a 
 town highway shall be repaired, graded and macadamized from 
 curb to curb by the authorities of the town the owner or owners 
 of the land adjacent to the said highway shall be entitled to re- 
 cover from the town the damages resulting from any change of 
 grade. A person claiming damages from such change of grade 
 must present to the town board of such town a verified claim 
 therefor within sixty days after such change of grade is effected. 
 
 The board may agree with such owner upon the amount of dam- 
 ages to be allowed him. If no agreement be made within thirty 
 days after the presentation of the claim, the person presenting it 
 may apply to the supreme court for the appointment of three 
 commissioners to determine the compensation to which he is en- 
 titled. Notice of the application must be served upon the super- 
 visor of the town at least ten days before the hearing thereof. 
 
 All proceedings subsequent to the appointment of commissioners 
 shall be taken in accordance with the provisions of the condemna- 
 tion law so far as applicable. Such town board, or such com- 
 missioners, shall, in determining the compensation, consider the 
 fair value of the work done, or necessary to be done, in order to 
 place the claimant’s lands, or buildings, or both, in the same rela- 
 tion to the changed grade as they stood to the former grade, and 
 make awards accordingly, except that said board or said com- 
 missioners may make an allowance for benefits derived by the 
 claimant from such improvement. The amount agreed upon 
 for such damages, or the award therefor together with the costs, 
 if any, allowed to the claimant, shall be a charge against such 
 town and the supervisor shall pay the same, if there be sufficient 
 funds in his hands available, and if not, the town board shall 
 borrow money for the payment thereof, as provided in section 
 ninety-seven, or issue certificates of indebtedness therefor, as 
 provided in section ninety-six. Bonds of the town to raise the 
 money necessary to make such payment, and such bonds or such 
 certificates of indebtedness shall bear a rate of interest not ex- 
 ceeding five per centum per annum payable semi-annually. Such 
 bonds shall be in the same form, and shall be issued and sold in 
 the same manner as other town bonds. 
 
173 
 
 § 59-a. Interest on damages for change of grade. — Whenever 
 
 awards shall be lawfully made, pursuant to any statute of this 
 State, for damages sustained by real estate or any improvements 
 thereon by reason of any change of grade of any street, avenue 
 or road in front thereof, the award for the principal amount of 
 damages sustained shall bear interest at the rate of six per centum 
 per annum from the time of the change of grade to the time of the 
 payment of the award. 
 
 Added by L. 1910. ch. 701. In effect June 25, 1910. 
 
 § 60. Drainage, sewer and water pipes, cattle passes or other 
 crossings in highways. — The town superintendent may, with the 
 consent of the town board, upon the written application of any 
 resident of his town or a corporation, grant permission for an 
 overhead or underground crossing, or to lay and maintain drain- 
 age, sewer and wiater pipes under ground within the portion 
 therein described of a town highway. If the highway is a state 
 or county highway such permission shall be granted with the 
 consent of the county or district superintendent instead of the 
 town board. Permission shall not be granted for the laying and 
 maintaining of such pipes under the travelled part of the high- 
 way, except across the same, for the purposes of sewerage and 
 draining swamps or other lands, and supplying premises with 
 water. Such permission shall be granted upon the condition 
 that such pipes and hydrants or crossings shall be so laid, set 
 or constructed as not to interrupt or interfere with public 
 travel upon the highway, and upon the further condition that 
 the applicant will replace the earth removed and leave the 
 highway in all respects in as good condition as before the 
 laying of said pipes, or construction of . such crossings, 
 and that such applicant will keep such pipes and hydrants or 
 crossing in repair and save the town harmless from all damages 
 which may accrue by reason of their location in the highway, 
 and that upon notice by the town superintendent the applicant 
 will make the repairs required for the protection or preservation 
 of the highway. The permit of the town superintendent, with 
 the consent of the town board or county or district superinten- 
 dent, and the acceptance of the applicant, shall be executed in 
 duplicate, one of which shall be filed in the office of the town 
 clerk and the other in the office of the district or county superin- 
 tendent. In case the applicant shall fail to make any of the 
 repairs required to be made under the permit, they may be made 
 
174 
 
 by the town superintendent at the expense of the applicant, and 
 such expenses shall be a lien, prior to any other lien, upon the 
 land benefited by the use of the highway for such pipes, hydrants 
 or structures. The town superintendent may revoke such permit 
 upon the applicant’s failure to comply with any of the condi- 
 tions contained therein. 
 
 § 61. Trees and sidewalks. — The town superintendent may, by 
 an order in writing, approved by a majority of the members 
 of the town board, authorize the owners of property adjoining 
 the highways, at their own expense, to locate and plant trees and 
 locate and construct sidewalks along the highwiays, in conformity 
 with the topography thereof, which order with a map or diagram, 
 showing the location of the sidewalk and tree planting, certified 
 by the town superintendent, shall be filed in the office of the town * 
 
 clerk, wdthin ten days after the making of the order. 
 
 Willful injury to shade trees. A person who willfully cuts down, girdles 
 or otherwise injures a fruit, shade or ornamental tree standing on the lands 
 of another, or of the people of the State, is guilty of a misdemeanor. Penal * 
 
 Code, § 640, subd. 2. 
 
 Rights of electric corporations in respect to shade trees. In stringing its 
 wires a corporation has no right to cut branches of trees belonging to abut- 
 ting owners, unless such course is demanded by an existing necessity which 
 cannot be avoided by insulating the wires or by employing other practical 
 means which may be more expensive and less convenient. Van Scien v. 
 
 Jamaica Electric Light Co., 45 App. Div. 1, 61 N. Y. Supp. 210 (1899). The 
 right to the protection of shade trees vested in the owners of adjoining 
 lands is subservient to the proper and legitimate use of the highway by the 
 public. The question as to whether or not the use of public highways in the 
 country by electric lighting companies is within the proper public use of such 
 highways is, in all cases, to be determined by the necessity of the light for 
 the proper use of such highways. Farmer v. Larchmont Electric Co., 158 
 N. Y. 231 (1899). 
 
 § 62. Expenditures for sidewalks. — The town superintendent of 
 any town may, with the consent of the town board, maintain 
 and repair existing sidewalks in such town, and the expense 
 thereof shall be a town charge. The town board of any such , 
 
 town may on the petition of not less than twenty-five taxpayers 
 of the town, by resolution, direct the town superintendent to con- 
 struct a sidewalk along a described portion of any highwiay of 
 the town, in a manner and not exceeding an expense to be speci- 
 fied in the resolution, and the expense of constructing such side- 
 walk shall be a town charge, and shall be paid in the same manner 
 as other town charges. 
 
§ 63. Allowance for shade trees.— There shall be allowed by 
 the town superintendent, with the consent of the town board, to 
 each such owner or occupant, who shall set out or transplant by 
 the side of the highway adjoining his premises, any forest shade 
 trees, fruit trees, or nut bearing trees suitable for shade trees, 
 in conformity with the preceding section, the sum of one dollar 
 for each three living trees so set out or transplanted, to be paid 
 by the supervisors to such owiner or occupant, upon the order of 
 the town superintendent out of moneys levied and collected for 
 miscellaneous purposes. Such allowance shall only he made for 
 trees so set out or transplanted during the preceding year, and 
 living and well protected from animals at the time of the allow- 
 ance. Such trees shall be set out or transplanted not more than 
 eight feet from the outside line of any highway three rods wide, 
 and not more than one additional foot distant therefrom, for 
 each additional rod in width of highway, and not less than 
 seventy feet apart, on the same side of the highway, if elms, 
 or fifty feet, if other trees. Trees transplanted by the side of the 
 highway, in place of trees which have died, shall be allowed for 
 in the same manner. 
 
 § 64. Custody of shade trees. — The town superintendent shall 
 have the full control of all shade trees in the public highways of 
 the town, but not within the limits of an incorporated village, and 
 shall prosecute complaints for malicious injury to, or unlawful acts 
 concerning, public shade trees. Upon the recommendation of the 
 town superintendent, the town board may, by resolution, appro- 
 priate a sum, not exceeding two hundred dollars, to be known as 
 the “ Shade Tree Fund.” Such fund shall be placed in the 
 hands of the supervisor as custodian and shall be expended by him 
 upon the written order of the town superintendent, for the 
 setting out and preservation of shade trees along the highways in 
 such town. 
 
 § 65. Compensation for watering troughs. — The town superin- 
 tendent may, with the consent of the town board, authorize the 
 owner or occupant of lands to construct and maintain a watering 
 trough beside the public highway, to be supplied with fresh water, 
 the surface of which shall be three or more feet above the level 
 of the ground and easily accessible for horses with vehicles, but 
 when possible, all such watering troughs shall be constructed on 
 the lower side of the highway. Such watering trough shall be 
 maintained by such owner or occupant and kept supplied with 
 fresh water. The town superintendent shall annually give a 
 
written order upon the supervisor for three dollars to he paid to 
 such owner or occupant by the supervisor, for maintaining such 
 watering trough, and keeping the same supplied with fresh water, 
 out of moneys levied and collected for miscellaneous purposes. 
 
 § 66. Credit on private road.— Any person living upon a private 
 road may be credited on account of his highway taxes in any 
 year an amount equal to the value of the work which the town 
 superintendent may deem necessary to be done in such year 
 upon such road. The town superintendent shall issue to him a 
 statement containing the name of the person, the location of the 
 road, the amount of work so deemed necessary to be done, and 
 the value thereof. Such statement shall be presented to the town 
 board at its annual meeting for the audit of town accounts, and 
 if approved by such board, and such work shall have been done, 
 an order shall be issued directing the supervisor to pay the sum 
 specified in such statement to the person therein named, or his 
 assignee, out of moneys in the hands of the supervisor available 
 for highway purposes. The amount so paid in any year shall not 
 exceed the amount payable by the person named in such state- 
 ment on account of moneys levied in such town for the repair 
 and improvement of highways as provided in this chapter. This 
 section shall not apply to private roads or rights of way over 
 lands of the owner thereof used by him for his own convenience. 
 
 § 67. Neglect or refusal to prosecute. — If the town superin- 
 tendent shall neglect or refuse to prosecute for any penalty, know- 
 ing the same to have been incurred, he shall be liable to a penalty 
 of ten dollars for every such neglect or refusal, 'which shall be 
 recovered by action in the name of the town, by the supervisor, or 
 by any taxpayer of the town who shall indemnify the town for 
 the costs and expense of the action, in such manner as the super- 
 visor may approve. 
 
 § 68. Erection of guide boards. — The town superintendent may, 
 with the consent of the town board, cause guide posts with proper 
 inscriptions and devices to be erected at the intersections of such 
 highways therein, as may be necessary, which shall be kept in 
 repair by him at the expense of the town. Upon written applica- 
 tion to him, of five resident taxpayers of any town or twienty 
 resident taxpayers of the county in which such town is located, 
 requesting the erection of one or more guide boards at the inter- 
 section of highways in such town, it shall be his duty to cause to 
 be erected at the intersections mentioned in such application, such 
 guide boards indicating the direction, distances and names of the 
 
177 
 
 towns, villages or cities to or through which such intersecting 
 highways run. Such application shall designate the highway inter- 
 sections at which such guide boards are requested to be erected, 
 and may contain suggestions as to the inscriptions and devices to 
 be placed upon such boards. The cost of the erection and main- 
 tenance of such boards shall be a town charge. If the town super- 
 intendent refuses or neglects for a period of sixty days after 
 receiving such application to comply with the request contained 
 therein, he shall, for such neglect or refusal, forfeit to the town, 
 the sum of twenty-five dollars, to be recovered by the supervisor in 
 the name of the town and the amount so recovered shall be set 
 apart for the erection of such guide boards. 
 
 § 69. Measurement of highways and report. — Within six months 
 after the taking effect of this chapter, and as often as the 
 commission shall direct, the town superintendent shall measure 
 all highways of his town. Such measurements shall be made 
 either by the use of a cyclometer or otherwise as the commission 
 shall direct. He shall ascertain, and indicate in his report, the 
 town highways which have been surfaced with gravel, those which 
 have been surfaced wiith crushed stone and those which have been 
 shaped and crowned. He shall report in triplicate on forms to be 
 prescribed and furnished by the commission, the total mileage of 
 all highways within his town, specifying as above provided as to 
 town highways, one of which shall be filed with the town clerk, 
 one with the district or county superintendent, and one with the 
 commission. 
 
 By an opinion of the Attorney-General under date of May 3, 1909, it was 
 held that if it appears to a town superintendent that a road has not been 
 used for two years preceding his action by more than two vehicles daily, 
 in addition to pedestrians and horseback riders, he has the authority to 
 declare the qualified abandonment of the road; and if this condition has 
 existed for two years prior to his action, he was justified in declaring it 
 abandoned without regard to the occupancy of premises along its route. It 
 was also held, regarding the matter of measurement of qualifiedly abandoned 
 highways, as a part of the town highway, “ that the provision of the State 
 Highway Law requiring a measurement of such roads is abrogated and 
 that the same should not be counted as a part of the town’s measurement.” 
 
 It was also held that “ The parties living upon or owning property along 
 such road should be assessed and road taxes laid against them the same as 
 all other residents of towns outside of incorporated villages and paid at the 
 same time as their general taxes.” 
 
 § 70. Application for service of prisoners. — After satisfying 
 himself that proper quarters can be secured, the town superin- 
 12 
 
178 
 
 tendent may, wiith the consent of the town board, request the 
 supervisor of the town under the provisions of section ninety- 
 three of the county law, to procure the services of prisoners serv- 
 ing sentence in the county jail, for general work upon the public 
 highways of the town. 
 
 § 71. Construction and repair of approaches to private lands.-* 
 
 The owners or occupants of lands shall construct and keep in re- 
 pair all approaches or driveways from the highway, under the 
 direction of the district or county superintendent, and it shall be 
 unlawful for such owner or occupant of lands to fill up any ditch 
 or place any material of any kind or character in any ditch so as 
 to in any manner obstruct or interfere with the purposes for 
 which it was made. The town superintendent may, when di- 
 rected by the town board, construct and keep in repair such ap- 
 proaches and the expense thereof shall be a town charge. 
 
 § 72. Unsafe toll bridge. — Whenever complaint in writing, on 
 oath, shall be made to the town superintendent, of any town in 
 which shall be in whole or in part any toll bridge belonging to 
 any person or corporation, representing that such toll bridge has 
 from any cause become and is unsafe for the public use, such 
 town superintendent shall forthwith make a careful and thor- 
 ough examination of such toll bridge, and if upon the examination 
 thereof he shall be of the opinion that the same has from any 
 cause become dangerous or unsafe for public use, he shall there- 
 upon give immediate notice to the owners of such toll bridge, or 
 to any agent of such owners, acting as such agent in respect to 
 such bridge, that he has, on complaint made, carefully and thor- 
 oughly examined the bridge, and found it to be unsafe for public 
 use. Such owners shall thereupon immediately commence re- 
 pairing the same, and cause such repairs to be made wiithin one 
 week from the day of such notice given, or such reasonable time 
 thereafter as may be necessary to thoroughly repair the bridge, 
 so as to make it in all respects safe and convenient for public 
 use. For neglect to take prompt and effective measures so to re- 
 pair the bridge, its owners shall forfeit twenty-five dollars, and 
 shall not demand or receive any toll for using the bridge until 
 the same shall be fully repaired. The town superintendent shall 
 cause such repairs to be made and the owners of the bridge shall 
 be liable for the expense thereof, and for the services of the 
 superintendent, and upon the neglect or refusal to pay the same 
 upon presentation of an account therefor, the town superintendent 
 may recover the same by action, in the name of the town. 
 
179 
 
 § 73. Actions for injuries to highways. — The town superintend- 
 ent shall bring an action in the name of the town, against any 
 person or corporation, to sustain the rights of the public, in and to 
 any town highway in the town, and to enforce the performance of 
 any duty enjoined upon any person or corporation in relation 
 thereto, and to recover any damages sustained or suffered, or ex- 
 penses incurred by such town, in consequence of any act or omis- 
 sion of any such person or corporation, in violation of any lawi 
 or contract in relation to such highway. 
 
 § 74. liability of towns for defective highways. — Every town 
 shall be liable for all damages to person or property sustained by 
 reason of any defect in its highways or bridges, existing because 
 of the neglect of any town superintendent of such town. No ac- 
 tion shall be maintained against any town to recover such dam- 
 ages, unless a verified statement of the cause of action shall have 
 been presented to the supervisor of the town within six months 
 after the cause of action accrued. And no such action shall be 
 commenced until fifteen days after the service of such statement. 
 
 § 75. Action by town against superintendent. — If a judgment 
 shall be recovered against a town for damages to person or prop- 
 erty, sustained by reason of any defect in its highway or bridges, 
 existing because of the neglect of any town superintendent, such 
 town superintendent shall be liable to the town for the amount of 
 the judgment, and interest thereon, but such judgment shall not 
 be evidence of the negligence of the superintendent in the action 
 against him. 
 
 § 76. Audit of damages without action. — The town board of 
 any town may audit as a town charge, in the same manner as 
 other town charges are audited, any one claim not exceeding five 
 hundred dollars, for damages to person or property, heretofore or 
 hereafter sustained by reason of defective highways or bridges in 
 the town, if in their judgment it be for the interest of the town 
 so to do; but no claim shall be so audited unless it shall have been 
 presented to the supervisor of the town within six months after 
 it accrued, nor if any action thereon shall be barred by the statute 
 of limitations. The town board may also audit any unpaid judg- 
 ment heretofore or hereafter recovered against a town superin- 
 tendent for any such damages, if such town board shall be satis- 
 fied that he acted in good faith, and the defect causing such 
 damage did not exist because of the negligence or misconduct of 
 the superintendent against whom such judgment shall have been 
 recovered. 
 
180 
 
 § 77, Closing highways for repair or construction. — If it shall 
 
 appear necessary to a district or county superintendent to close a 
 highway which is being constructed, improved or repaired under 
 this chapter so as to permit a proper completion of such wjork, he 
 shall execute a certificate and file the same in the office of the 
 town clerk in which such highway is situated. Such certificate 
 shall state the necessity for the closing of such highway and 
 describe the portion thereof to be closed ; not more than two miles 
 of any highway shall be closed at any one time. At the time of 
 filing such certificate such district or county superintendent shall 
 notify the town superintendent to close the highway, who shall 
 thereupon close the same to public travel by erecting suitable 
 obstruction and posting conspicuous notices to the effect that the 
 highway is closed. The town superintendent shall, if practicable, 
 provide a new location for, and construct a temporary highway to 
 be used by the traveling public in lieu of the closed highway and 
 may erect temporary bridges when necessary or cause other 
 existing highways to be used, when so directed by the district 
 or county superintendent. For the purpose of locating, con- 
 structing and erecting such temporary highway or bridge the town 
 superintendent may enter upon the lands adjoining or near to 
 the closed highway and may, with the approval of the town board, 
 agree wiith the owners of such land as to the damages if any 
 caused thereby. 
 
 If the town superintendent is unable to agree with such owner 
 upon the amount of damages thus sustained the amount thereof 
 shall be ascertained, determined and paid as provided in section 
 fifty-eight. When such highway shall have been closed to the 
 public as provided herein any person who disregards the obstruc- 
 tion and notice, and drives, rides or walks over the portion of the 
 highway so closed shall be guilty of a misdemeanor. 
 
 § 78. Adoption of labor system for removing snow. — The 
 
 town board of any town at its annual meeting on the first Thurs- 
 day after general election, may, by resolution, determine that no 
 money shall be raised in such town for the ensuing year for the 
 removal of obstructions in the highways caused by snow, and that 
 such obstructions shall be removed by the labor of persons and 
 corporations liable to be assessed in such towns for highway taxes. 
 
 Added by L. 1909, ch. 488, and amended by L. 1910, ch. 130. 
 
 § 79. Assessment of labor for the removal of snow. — The town 
 
 superintendent of a town in which the obstructions in the high- 
 ways caused by snow shall be removed by the labor of persons and 
 
181 
 
 corporations liable to assessment in each town for highway taxes, 
 pursuant to the last preceding section shall annually on or before 
 November fifteenth divide the town into a convenient number of 
 highway districts and file a description thereof in the office of the 
 town clerk, and before such date shall make an estimate giving the 
 probable number of days labor needed during the following year 
 for the removal of obstructions caused by snow in the highways 
 and for the prevention of such obstructions and shall assess one 
 day’s labor upon each male inhabitant of the town above the age of 
 twenty-one years, excepting honorably discharged soldiers and 
 sailors who lost an arm or a leg in the military or naval service of 
 the United States, or who are unable to perform manual labor, by 
 reason of injuries received or disabilities incurred in such service, 
 members of any fire company formed or created pursuant to any 
 statute, and situated within such town, persons seventy years of 
 age or over, clergymen and priests of every denomination, paupers, 
 idiots and lunatics. The balance of such estimated number of 
 days shall be apportioned and assessed upon the estate, real and 
 personal, of every inhabitant of the town, including corporations 
 liable to taxation therein, as the same shall appear by the last 
 assessment roll of the town, and upon each parcel or tract of land 
 owned by the nonresidents, excepting such as are occupied by an 
 inhabitant of the town, which shall be assessed to the occupant. 
 The assessment of labor for personal property must be in the dis- 
 trict in which the owner resides, and I'kal property in the district 
 where it is situated, except that the assessment of labor upon the 
 property of corporations may be in any district or districts of the 
 town, and such labor may be worked out or commuted for as if the 
 corporation were an inhabitant of the district ; but the real prop- 
 erty within an incorporated city or village exempted from the 
 jurisdiction of the town superintendent, and personal property of 
 an inhabitant thereof, shall not be assessed for such labor by the 
 town superintendent. Whenever the assessors of any town shall 
 have omitted to assess any inhabitant, corporation or property 
 therein, the town superintendent shall assess the same, and ap- 
 portion the labor as above provided. 
 
 Added by L. 1909, ch. 488, and amended by L. 1910, eh. 13d. 
 
 § 80. Lists of persons assessed for removal of snow. — A copy 
 of the lists of persons and corporations assessed shall be prepared 
 by the town superintendent and filed in the office of the town 
 clerk. The town superintendent may at any time file in the office 
 of the town clerk a supplemental list containing the names of 
 
persons or corporations omitted from the original list, and the 
 names of new inhabitants, and shall assess them in proportion to 
 their real and personal estate as others assessed by him on such 
 list. 
 
 Added by L. 1909, ch. 488. 
 
 § 81. District foreman; return and levy of unworked tax. — 
 
 The town superintendent shall also, immediately after the town 
 has been divided into districts as provided in section seventy- 
 nine of this chapter, appoint a foreman in each district, who shall 
 be a taxable resident thereof, who shall serve for one year and 
 until his successor is appointed and shall receive such per diem 
 compensation, not exceeding two dollars per day, for time actually 
 spent in performing his duties, as the town hoard may prescribe, 
 payable as the compensation of other town officers is paid. The 
 superintendent shall prepare, from the lists prescribed in section 
 eighty, a separate list for each district of persons and corporations 
 assessed therein for the then current year for labor in removing 
 obstructions caused by snow, showing the number of days labor 
 for which each person or corporation is assessed, and shall deliver 
 each such list to the foreman of the proper district. It shall be 
 the duty of each foreman to notify the several persons and cor- 
 porations thus assessed, or such of them as the occasion demands, 
 from time to time as needed, that they are required to appear 
 and perform labor in the removal of obstructions caused by snow 
 at a time and place stated by the foreman. On or before the first 
 day of May each district list, showing the portions worked or 
 commuted for, the portions in which parties were notified but 
 failed to perform work after being so notified, and the portions 
 upon which no notice to perform work was served, shall be re- 
 turned by the district foreman to the town superintendent. All 
 assessments upon which parties have been notified and failed to 
 appear or commute shall then be certified by the town superin- 
 tendent to the town board, who shall return the same to the board 
 of supervisors of the county and which shall be included by them 
 in the next tax-roll of the town and levied against the persons 
 and corporations assessed at the rate of one dollar and fifty cents 
 per day as other taxes are levied. 
 
 Inserted by L. 1910, ch. 136. 
 
 § 82. Appeals by nonresident; certain assessments to be 
 separate; tenant my deduct assessment. — Whenever any nonresi- 
 dent owner of unoccupied land shall conceive himself aggrieved 
 
183 
 
 by any such assessment of any town superintendent, such owner 
 or his agent, may, within thirty days after such list has been filed 
 in the office of the town clerk, appeal to the county judge of the 
 county in which such land is situated, who shall within twenty 
 days thereafter hear and decide such appeal, the owner or agent 
 giving notice to the town superintendent of the time of the hearing 
 before the judge, and his decision thereupon shall be final and 
 conclusive. Whenever the town superintendent shall assess the 
 occupant for any land not owned by such occupant, he shall dis- 
 tinguish in his assessment list the amount charged upon such 
 list, from the personal tax, if any, of the occupant thereof; but 
 when any such land shall be assessed in the name of the occu- 
 pant, the owner thereof shall not be assessed during the same 
 year on account of the same land. Whenever any tenant of any 
 land, for a less term than twenty-five years, shall be assessed to 
 work on the highways for such land, and shall actually perform 
 such work or commute therefor, he shall be entitled to a deduction 
 from the rent due or to become due from him for such land, equal 
 to the full amount of such assessment, estimating the same at the 
 rate of one dollar per day, unless otherwise provided for by agree- 
 ment between the tenant and his landlord. Whenever the high- 
 ways in any district are obstructed by snow, the town superin- 
 tendent shall immediately call upon the persons and corporations 
 in such district assessed for labor in pursuance of the preceding 
 sections to assist in removing such obstruction, and shall credit 
 such persons or corporations with the days’ labor so performed. If 
 any persons, corporations or occupants of land owned by nonresi- 
 dents so called out neglect or refuse to appear at the place desig- 
 nated by the town superintendent or to commute at a dollar a day 
 within twenty-four hours after due notice, the town superintend- 
 ent shall cause the obstruction to be immediately removed and on 
 or before September first of each year, or at such other time as the 
 board of supervisors may by resolution prescribe, make out a list 
 of all persons, corporations or occupants of lands owned by non- 
 residents who shall fail to work out such labor or commute there- 
 for, with the number of days not worked out or commuted for by 
 each, charging for each day in such list at the rate of one dollar 
 and fifty cents per day, verified to the effect that such persons, 
 corporations or occupants of lands owned by nonresidents have 
 been notified to appear and perform such labor or commute there- 
 for, and that the same has not been performed or commuted. Such 
 
184 
 
 list shall be certified by the town superintendent of such town to 
 the town board and by such town board to the board of super- 
 visors and the highway commission, and the amount of such ar- 
 rearages shall be levied by such board of supervisors against and 
 collected from the real or personal estate of such persons and cor- > 
 
 porations and from the real estate owned by nonresidents specified 
 in such list, to be collected by the collectors of the several towns 
 in the same manner that other town taxes are collected, and shall 
 order the same when collected to be paid over to the supervisor 
 to be by him added to the highway fund of the town. No persons , 
 or corporations shall be allowed any sum for highway labor per- 
 formed in removing obstructions caused by snow, unless author- 
 ized or directed by the town superintendent to perform such labor. 
 
 It shall be the duty of the town superintendent on or before the 
 thirty-first day of October in each year to file with the highway h 
 
 commission a statement showing the number of days’ labor as- 
 sessed. It shall also be the duty of the town superintendent to 
 file with the highway commission on or before the first day of 
 June in each year a statement showing the number of days’ labor 
 performed or commuted for, the number of days’ labor on which 
 parties were notified but failed to labor, also the number of days’ 
 labor upon which no notice to appear was given. 
 
 Added by L. 1909, ch. 488. Renumbered and amended by L. 1910, ch. 136. 
 
 ARTICLE V. 
 
 Highway Moneys; State Aid 
 
 Section 90. Estimate of expenditures for highways and bridges. 
 
 91. Duties of town board in respect to estimates; levy of taxes. 
 
 92. Additional tax. 
 
 93. Extraordinary repairs of highways and bridges. 
 
 94. Limitations of amounts to be raised. 
 
 95. Submission of propositions at town meetings. 
 
 96. Borrowing money in anticipation of taxes. 
 
 97. Towns may borrow money for bridge and highway purposes. 
 
 98. Issue and sale of town bonds. 
 
 99. Assessment of village property. 
 
 100. Statement by clerk of board of supervisors. 
 
 101. Amount of state aid. 
 
 102. Mileage and assessed valuation. 
 
 103. Payment and distribution of state money. 
 
 104. Custody of highway moneys; undertaking of supervisor. 
 
 105. Expenditures for repair and improvement of highways. 
 
 106. Expenditures for bridges and other highway purposes. 
 
 107. Reports of supervisor as to highway moneys. 
 
185 
 
 Section 108. Highway accounts; forms and blanks. 
 
 109. Duty of town clerk. 
 
 110. Compensation of supervisor and town clerk. 
 
 111. Additional expenditure for improvement, repair and main- 
 
 tenance of town highways. 
 
 § 90. Estimate of expenditures for highways and bridges. — 
 
 The town superintendent shall annually, on or before the thirty- 
 first day of October, make a written statement in respect to the 
 amount of money which should be raised by tax in the town for 
 the ensuing year, beginning on said first day of November, for 
 the purposes therein set forth which shall be filed with the town 
 clerk. Such statement shall specify : 
 
 1. The amount of money necessary to be levied and collected 
 for the repair and improvement of highways, including sluices, 
 culverts and bridges having a span of less than five feet. Such 
 amount shall not be less than an amount which when added to 
 the amount of money to be received from the state, under the pro- 
 vision of section one hundred and one, will equal thirty dollars 
 for each mile of highways within the town, outside the limits of 
 incorporated villages, except that no town having an assessed 
 valuation of three thousand seven hundred and fifty dollars or 
 less per mile outside of incorporated villages shall be required to 
 levy and collect a tax under this subdivision in excess of four dol- 
 lars on each thousand dollars of assessed valuation. 
 
 2. The amount of money necessary to be levied and collected 
 for the repair and construction of bridges, having a span of five 
 feet or more. 
 
 3. The amount of money necessary to be levied and collected 
 for the purchase, repair and custody of stone crushers, steam 
 rollers, traction engines, road machines for grading and scraping, 
 tools and implements. 
 
 4. The amount of money necessary to be levied and collected 
 for the removal of obstructions caused by snow and for other mis- 
 cellaneous purposes. 
 
 The amounts specified in such statement shall not exceed the 
 limitations prescribed in section ninety-four. If the town super- 
 intendent is of the opinion that an amount in excess of the limi- 
 tations therein prescribed be raised by tax he shall include in his 
 statement his reasons therefor in detail. 
 
 Change in method of highway taxation. One of the objects sought by this 
 law is the abolishing of the old labor system of taxation and substituting in 
 
186 
 
 place thereof in all towns the money system of raising highway taxes. This 
 has affected the method of highway taxation in less than three hundred of 
 the nine hundred and thirty-three towns of the State. In other towns the 
 money system is in force when this chapter takes effect. In towns adopting 
 the money system, under the former law, the amount of the tax to be levied 
 and collected in the town was to be determined by the commissioner or com- 
 missioners of highways and the town board. See former Highway Law, § 53. 
 The minimum amount to be collected in such towns for the repair of highways 
 was required, by that section, to at least equal one-half the value of the 
 commutation rates, of the highway labor which should be assessable under 
 the labor system. This section of the former law did not, nor does the 
 present law, prescribe the maximum amount which could be raised by tax for 
 the repair and maintenance of highways. 
 
 If it became necessary to raise money by tax upon the town for other pur- 
 poses than the repair and maintenance of highways, authority therefor, either 
 expressed or implied, had to be found in the various more or less conflicting 
 provisions of the former law. The new law seeks to eliminate this con- 
 fusion by placing the initiative with the town superintendent, making it 
 his duty to present to the town board in a formal statement, the amount, 
 which in his opinion, should be raised in the town during the ensuing year 
 for the purposes specified therein. This statement is in the nature of a high- 
 way budget. It becomes effectual and binding upon the town when finally 
 approved by the town board. Upon such approval it is to be submitted to 
 the board of supervisors who thereupon must cause the amounts specified in 
 the statement to be levied and collected in the town in the same manner as 
 other charges against the town are levied and collected. It is thus pro- 
 vided that an amount sufficient to properly administer highway affairs in the 
 town for the ensuing year will be collected and ready for use in the hands 
 of the supervisor. This statement must be submitted on or before the thirty- 
 first day of October, which brings it to the attention of the town board so 
 that the town board may act upon it at its regular meeting on the Thurs- 
 day preceding the annual meeting of the board of supervisors. The levy is 
 made by the board of supervisors at its annual meeting and when the tax 
 warrant reaches the hands of the collector it provides for the collection of 
 money sufficient to take care of highway matters during the ensuing year. 
 Such moneys will be paid over to the supervisor, for the most part, in the 
 months of January, February or March, prior to the time when active opera- 
 tions upon the highways are required to be begun. 
 
 By an opinion of the Attorney-General under date of February 10, 1909, 
 it was held that observance of the provisions of subdivision 1 of section 90 
 of the Highway Law is a condition precedent to a town receiving State aid. 
 It was also held that the minimum amount provided by the statute for the 
 repair and improvement of highways must be levied and collected each year, 
 irrespective of any balance remaining over from other years. 
 
 By an opinion of the Attorney-General under date of May 24, 1909, it 
 was held that property purchased with pension money is liable for taxation 
 under each of the subdivisions of section 90. 
 
 § 91. Duties of town board in respect to estimates; levy of taxes. 
 
 — The town board, at its meeting held on the Thursday suc- 
 ceeding general election day in each year, shall consider the esti- 
 
187 
 
 mates contained in such statement. It may by a majority vote 
 of the members thereof, approve such statement, or increase or 
 reduce the amount of any of the estimates contained therein, sub- 
 ject to the limitations prescribed in section ninety-four. The 
 statement as thus approved, increased or reduced shall be signed 
 in duplicate by a majority of the members of the town board, one 
 of which shall be filed in the office of the town clerk, and the 
 other shall be delivered to the supervisor. The town clerk shall 
 make and transmit a copy of such statement to the commission. 
 The supervisor shall present such statement to the board of super- 
 visors, and such board shall cause the amounts therein, subject to 
 the limitation requiring a vote of the electors as hereafter pro- 
 vided, to be assessed, levied and collected in such town in the 
 same manner as other town charges, and such amounts shall be 
 expended for the purposes specified in such statement. The war- 
 rant for the collection of taxes in such town shall direct the pay- 
 ment of the money so collected to the supervisor of the town, to be 
 held by him and paid out for the purposes specified in such state- 
 ment, as provided in this chapter. 
 
 Insufficient appropriations. In the absence of authority conferred upon 
 him the town superintendent has no power to proceed with the improve- 
 ments, and apply in payment therefor the appropriation for the succeeding 
 year, and expenditures so made create no legal claim against the town. 
 People ex rel. Peterson v. Clark, 45 App. Div. 65, 60 N. Y. Supp. 1045 (1899). 
 The town superintendent of highways cannot of his own volition bind the 
 town for a greater amount than that estimated, levied and collected. Mather 
 v. Crawford, 36 Barb. 564 (1862); Barker v. Loomis, 6 Hill, 463 (1844). 
 
 § 92. Additional tax. — Whenever the town superintendent and 
 the town board shall determine that the sum of one thousand 
 dollars will be insufficient to pay the expenses actually neces- 
 sary for the removal of obstructions caused by snow and the 
 prevention of such obstructions, and whenever they shall 
 determine that the amounts levied and collected for any 
 of the purposes mentioned in the statement presented to 
 the board of supervisors, as provided in the preceding 
 section, are insufficient to pay the expenses necessarily incurred 
 for any of the purposes therein specified they may cause a vote 
 to be taken by ballot at a biennial town meeting or at a special 
 town meeting duly called therefor, authorizing such additional 
 sum to be raised as they may deem necessary for such purpose, 
 not exceeding one-third of one per centum upon the taxable prop- 
 erty of the town as shown by the last assessment-roll thereof. 
 
188 
 
 § 93. Extraordinary repairs of highways and bridges. — If any 
 
 highway or bridge shall at any time be damaged or destroyed by 
 the elements or otherwise, or become unsafe for public use and 
 travel, or if any bridge be condemned by the commission, as 
 provided in this chapter, the town superintendent shall cause the 
 same to be immediately repaired or rebuilt with the approval 
 of the town board. Such highway or bridge shall be so repaired 
 or rebuilt in accordance with the directions or the plans and 
 specifications prepared or approved by the district or county 
 superintendent; except if the bridge to be repaired or rebuilt 
 is one which has been condemned by the commission, as provided 
 in this chapter, the same shall be repaired or rebuilt in accordance 
 with plans and specifications to be prepared or approved by the 
 commission. If the expense of repairing or rebuilding a bridge 
 hereunder shall exceed five hundred dollars, it shall be done under 
 a written contract therefor, which must be approved by the towm 
 board. The town clerk shall prepare a statement showing the 
 probable cost of improving, repairing or rebuilding such highway 
 or bridge, which statement shall be signed in duplicate by a 
 majority of the members of the town board, one of which dupli- 
 cates shall be filed with the town clerk and one be delivered to the 
 supervisor. The town clerk shall make a copy of such statement 
 and transmit the same to the commission. The supervisor shall 
 present such statement to the board of supervisors, who shall 
 cause the amount contained in such statement to be assessed, 
 levied and collected in the same manner as amounts levied and 
 collected for other highway and bridge purposes, as provided by 
 law. The amount so raised shall be paid to the supervisor to be 
 expended for the purposes specified in such statement. 
 
 Application. This section does not authorize the rebuilding of a bridge 
 which has become defective by ordinary wear and tear or the natural decay 
 of the materials of which it was constructed, at a cost exceeding the moneys 
 appropriated for highway purposes; it only authorizes such construction 
 where the bridge has become destroyed by some emergency or by some 
 extraordinary cause. It is more than doubtful if this section has any rela- 
 tion to or was intended to apply where a bridge or its approaches are partly 
 in two towns. People ex rel. Canton Bridge Co. v. Town Auditors, 136 App. 
 Div. 166 (1909), 120 N. Y. Supp. 696. 
 
 § 94. limitations of amounts to be raised. — The amounts to be 
 raised by tax upon the vote of a town board, as provided in this 
 article, shall be subject to the following limitations: 
 
 1. The amount to be .levied and collected in each year for the 
 repair and improvement of highways, including sluices, culverts 
 
189 
 
 and bridges having a span of less than five feet, shall not be less 
 than the amount prescribed under subdivision one of section 
 ninety. 
 
 2. Not more than fifteen hundred dollars shall be levied and 
 collected in any one year in any town for the repair and con- 
 struction of a bridge unless duly authorized by vote of a town 
 meeting. 
 
 3. Not more than five hundred dollars shall be levied and 
 collected in any one year in any town for the purchase or repair 
 of stone crushers, steam rollers, traction engines or road machines 
 for grading and scraping, tools and implements, unless duly au- 
 thorized by the vote of a town meeting. 
 
 4. Not more than fifteen hundred dollars shall be levied and 
 collected in any one year in any town for the repair or construc- 
 tion of any highway or bridge which has been damaged or de- 
 stroyed as provided in section ninety-three or which has been 
 condemned by the commission as provided in this chapter, unless 
 duly authorized by vote of a town meeting. 
 
 Debts in excess of limitation. A town superintendent has no general au- 
 thority to bind the town by his contracts. He must find his authority in the 
 statute, and those who deal with him, and with the other officers of the town 
 are presumed to know this limitation of power. See People ex rel. Everett v. 
 Supervisors, 93 N. Y. 397 (1883) ; Berlin Bridge Co. v. Wagner, 57 Hun, 346, 
 10 N. Y. Supp. 840 (1890). If he and the town board attempt to raise by 
 tax more money than the limit prescribed by this section, the levy would be 
 invalid, and the collection of the tax might be legally prevented. 
 
 § 95. Submission of propositions at town meetings. — A proposi- 
 tion to authorize the levy and collection of an amount greater than 
 that specified in the preceding section for any of the purposes 
 therein mentioned may be submitted upon the written application 
 of twenty-five taxpayers upon the last town assessment-roll or by a 
 majority of the members of the town board, at a biennial town 
 meeting or a special town meeting duly called as provided by law. 
 The provisions of the town law relating to the submission of town 
 propositions at a biennial or special town meeting shall apply to 
 the submission of such propositions. If such proposition be 
 adopted the town board shall include in the estimates contained in 
 the next statement submitted by it to the board of supervisors, as 
 provided in section ninety-one, the amounts authorized to be 
 raised by such proposition for the purposes therein stated, and 
 thereupon such amounts shall be levied and collected, and paid 
 to the supervisor, to be expended by him as directed by such propo- 
 sition. 
 
190 
 
 § 96. Borrowing money in anticipation of taxes. — The super- ^ 
 
 visor may, when authorized by the town board, borrow money in 
 anticipation of taxes to be levied and collected, on the credit of 
 the town, and issue certificates of indebtedness therefor in the 
 following cases: 
 
 1. When an additional sum is directed to be levied and collected 
 by a vote of a town meeting as provided in section ninety-two. 
 
 2. When an amount necessary for the payment of expenses in- 
 curred in the improvement, repair and rebuilding of a highway 
 or bridge has been directed to be levied and collected as provided 
 in section ninety-three. 
 
 3. When a proposition has been adopted at a town meeting as 
 provided in section ninety-five authorizing the levy and collection 
 of an amount greater than that specified in section ninety-four for 
 any of the purposes therein mentioned. 
 
 Such certificates of indebtedness shall be signed by the super- 
 visor and the town clerk and shall bear interest at a rate not ex- 
 ceeding six per centum for a period not exceeding one year. The 
 amount so borrowed shall be paid out by the supervisor for the 
 purposes for which the taxes, in anticipation of which such cer- 
 tificates were issued, is to be levied and collected. The principal 
 and interest of such certificates shall be paid by the supervisor 
 immediately upon the collection of the taxes levied for such 
 purposes. 
 
 § 97. Towns may borrow money for bridge and highway pur- 
 poses. — A proposition may be submitted at a regular or special 
 town meeting in the manner provided by the towm law, authoriz- 
 ing the town to borrow money upon its bonds, or other obligations, 
 to be expended for the following purposes : 
 
 1. Constructing, building, repairing or discontinuing any high- 
 way or bridge therein, or upon its borders. 
 
 2. Repairing or rebuilding any highway or bridge which shall 
 at any time be damaged or destroyed by the elements or otherwise, 
 or become unsafe for public use and travel. 
 
 3. Repairing or rebuilding any bridge which has been con- 
 demned by the commission, as provided in this chapter. 
 
 4. The purchase of stone crushers, steam rollers and traction 
 engines. 
 
 The vote upon any such proposition shall be by ballot. If 
 any such proposition shall be adopted, the board of supervisors, 
 upon the application of the town board, shall by resolution author- 
 
191 
 
 ize the town to issue bonds not exceeding the amount specified in 
 said proposition, which shall be sufficient to refund and pay any 
 temporary loan or certificate of indebtedness, and to provide for 
 the completion of any wtork authorized. There shall accompany 
 such application a statement signed by a majority of the members 
 of the town board, and certified by the town clerk, containing a 
 copy of the proposition submitted, as above provided, the vote for 
 and against the same, and specifying the amount which it is 
 estimated will be required to be expended, pursuant to such prop- 
 osition. If the highway or bridge, proposed to be constructed, 
 built, repaired or discontinued, is situated in two or more towns in 
 the same county, the board of supervisors shall, if application be 
 made by each of such towns, apportion the expense thereof among 
 such towns, in such proportion as it shall deem to be just. If 
 the town adopting any such proposition shall contain any portion 
 of the land of the forest reserve, the board of supervisors shall 
 not authorize such town to borrow moneys without the written ap- 
 proval of the forest, fish and game commissioner, except in pay- 
 ment of a debt lawfully incurred by the town. 
 
 § 98. Issue and sale of town bonds. — The board of supervisors 
 shall, from time to time, impose upon the taxable property of the 
 town a tax sufficient to pay the principal and interest of such 
 obligations as they shall become due. The supervisors and town 
 clerk shall each keep a record, showing the date and amount of 
 the obligations issued, the time and place of their payment, and 
 the rate of interest tliereon. The obligations shall be delivered 
 to the supervisor of the town, who shall dispose of the same for 
 not less than par and apply the proceeds thereof for the purposes 
 for which they were issued. Hot more than five hundred dollars 
 of such proceeds shall be expended upon any highway or bridge, 
 except in pursuance of a contract executed by the town super- 
 intendent as provided in section forty-eight. 
 
 § 99. Assessment of village property.— I n any town in which 
 there may be an incorporated village, which forms a separate road 
 district, and wherein the roads and streets are maintained at the 
 expense of such village, all property within such village shall be 
 exempt from the levy and collection of taxes levied in the town, 
 as provided by section ninety-one of this article, for the repair 
 and improvement of highways, including sluices, culverts and 
 bridges having a span of less than five feet. The assessors of such 
 town shall indicate in a separate column the value of the real and 
 personal property included in such incorporated village. 
 
192 
 
 § 100. Statement by clerk of board of supervisors. — The clerk 
 
 of the board of supervisors of each county shall, on or before the 
 first day of January of each year, transmit to the state comp- 
 troller and the commission a statement, signed and verified by the 
 chairman of the board, and certified by the clerk, which shall 
 state the name of each town, the assessed valuation of real prop- 
 erty, and the assessed valuation of personal property, each sepa- 
 rately, in the towns outside incorporated villages, and the amount 
 of tax levied therein for the repair and improvement of high- 
 ways, including sluices, culverts and bridges having a span of 
 less than five feet. The towns’ valuation of real property to he 
 used in such statement shall be the valuation thereof, as equal- 
 ized by the boards of supervisors, or other competent authority, 
 during the year prior to the levy of taxes upon which is based the 
 determination of the amounts to be paid to the several towns, as 
 provided in this article. 
 
 Object of statement. Tlie purpose of this statement is to alford the state 
 comptroller and the commission information sufficient to permit a payment 
 to each town of the amount to which it is entitled under section 100. The 
 amount so to be paid to each town is based upon the amount of taxes levied 
 therein for the repair and improvement of highways. The final estimate of 
 the amounts to be raised for highway purposes within the town being approved 
 by the town board, and submitted to the board of supervisors it becomes tlia 
 duty of the board to levy a tax upon the town sufficient to meet highway 
 requirements during the ensuing year. The amount of taxes levied for the 
 repair and improvement of highways should be kept separately from the 
 taxes levied for the other purposes mentioned in such estimate so that the 
 clerk of the board of supervisors may prepare the statement required by this 
 section. 
 
 State aid is not only allowed on account of moneys raised for the repair 
 and improvement of highways. If an additional amount is raised for such 
 repair and improvement, as provided in section 92, it should be included in 
 the statement. 
 
 § 101. Amount of state aid. — There shall be paid by the state 
 to the several towns, in the manner hereinafter provided, an 
 amount based upon the amount of taxes levied therein for the re- 
 pair and improvement of highways, sluices, culverts and bridges 
 having a span of less than five feet, and to be determined as 
 follows : 
 
 1. In towns v 7 here the assessed valuation of real and personal 
 property, exclusive of such property in incorporated villages, 
 shall be less than five thousand dollars for each mile of highways 
 in such towns, outside of incorporated villages, an amount equal 
 to the amount of such taxes. 
 
2. In towns where such assessed valuation shall be five thou- 
 sand dollars or over and less than seven thousand dollars for each 
 mile of such highways, an amount equal to ninety per centum of 
 the amount of such taxes. 
 
 3. In towns where such assessed valuation shall be seven thou- 
 sand dollars or over and less than nine thousand dollars for each 
 mile of such highways, an amount equal to eighty per centum of 
 the amount of such taxes. 
 
 4. In towns where such assessed valuation shall be nine thou- 
 sand dollars or over and less than eleven thousand dollars for 
 each mile of such highways, an amount equal to seventy per 
 centum of the amount of such taxes. 
 
 5. In towns where such assessed valuation shall be eleven thou- 
 sand dollars or over and less than thirteen thousand dollars for 
 each mile of such highways, an amount equal to sixty per centum 
 of the amount of such taxes. 
 
 6. In towns where such assessed valuation shall be thirteen 
 thousand dollars or over for each mile of such highways, an 
 amount equal to fifty per centum of such taxes. Provided that 
 no town shall receive from the state in any year, under this sec- 
 tion, an amount exceeding an average of twenty-five dollars per 
 mile, for the total mileage of its highways outside of incorporated 
 villages, except that in towns where the assessed valuation of real 
 and personal property therein, exclusive of such property in in- 
 corporated villages, averages more than twenty-five thousand dol- 
 lars for each mile of highways therein outside of such villages, 
 the amount paid hereunder shall not exceed one-tenth of one per 
 centum of such assessed valuation. 
 
 From an opinion of the Attorney-General under date of October 24, 1910, 
 it was held: 
 
 “ It is evident that the use of moneys * * * moneys raised for the 
 
 repair and improvement of highways, including state aid, are never available 
 for the construction of new town roads and could not be legally diverted to 
 any other use. The different funds are required to be kept separate by 
 section 107 of the Highway Law, also by order of the State Highway Com- 
 mission, and a surplus in one fund is not available for use for other work. 
 I am, therefore, of the opinion that moneys known as state aid cannot be 
 used in the building and construction of new town roads or for the payment 
 of damages awarded to land owners in the laying out of a new highway, or 
 for any other purpose except the repair and improvement of the highways 
 of the town. 
 
 “ In reply to that part of your enquiry as to how the town can procure 
 the necessary money to build a highway, if it cannot be taken from the 
 
 13 
 
194 
 
 general fund for the repair and improvement of the highways, I beg to state 
 that section 90 of the Highway Law requires the town superintendent to 
 make estimates of the amounts that should be raised by tax in the town 
 for the ensuing year, and by subdivision 4 thereof he can make an estimate 
 and present it to the town board of the amount which he deems necessary 
 should be raised for building a town highway that has been newly laid out. 
 It is certainly a miscellaneous purpose not provided for in any other subdi- 
 vision of that section. There is no limitation to the amount that can be 
 raised for miscellaneous purposes except as it is controlled by the public 
 necessities of the town. 
 
 “ It is also a purpose that can only arise occasionally in any town and is 
 not of annual occurrence like most of the other purposes mentioned in the 
 act referred to. 
 
 “ The estimates above mentioned are then laid before the town board and 
 if it approves the several amounts are laid before the board of supervisors 
 and raised in the same way as other highway taxes in the town, but if this 
 method is not deemed expedient and if any town board should not feel that 
 it was authorized to raise the amount as above outlined, a proposition can 
 be submitted as provided by section 97 of the Highway Law to the voters 
 of the town.” 
 
 § 102. Mileage and assessed valuation. — The mileage of high- 
 ways in towns to he used in determining the amounts to be paid 
 to such towns under the provisions of this article shall be the 
 tables of mileage heretofore prepared by the state engineer, until 
 the corrected tables of mileage prepared as provided in section 
 fifteen of this chapter are filed. Such tables and all corrections 
 thereof shall be filed with the commission and comptroller. The 
 assessed valuation of real property to be used in determining 
 such amounts shall be the valuation thereof, equalized as provided 
 in section one hundred and forty-one of this chapter, during the 
 year prior to the levy of taxes upon which is based the determina- 
 tion of the amounts to be paid to the several towns, as provided 
 in this article. 
 
 § 103. Payment and distribution of state money. — The comp- 
 troller shall determine the amount due to the several towns, under 
 the provisions of this article, and shall draw his warrant upon 
 the state treasurer in favor of the county treasurer of each county 
 for the total amount to be paid to the towns in such county, as so 
 determined by him, and shall indicate the amount to be paid to 
 each town. The county treasurer shall pay to the supervisor of 
 each town the amount to which such town is entitled, as deter- 
 mined and indicated by the comptroller. No such payment shall 
 be made until the supervisor has filed in the office of the county 
 treasurer a certified copy of the undertaking given by him, as 
 provided in this article. 
 
195 
 
 § 104. Custody of highway moneys; undertaking of supervisor. — 
 
 All moneys levied and collected, as provided in this article, 
 all moneys collected as penalties under this chapter, or received 
 from any other source and available for highway, bridge and mis- 
 cellaneous purposes and all moneys received from the state, as 
 provided in section one hundred and one, shall be paid to the 
 supervisor, who shall be the custodian thereof, and accountable 
 therefor. Before receiving any such moneys the supervisor shall 
 give an undertaking to the town in an amount to be specified by 
 the commission and with such sureties, as shall be approved by 
 the town board, conditioned for the faithful disbursement, safe- 
 keeping and accounting of the moneys so received by him. Such 
 undertaking shall be filed in the office of the town clerk and a 
 certified copy thereof shall be filed in the office of the county 
 treasurer before any moneys received from the state shall be 
 paid to him, and also in the office of the commission. In case of 
 a failure of the supervisor to faithfully disburse, safely keep or 
 account for moneys received from the state the commission may 
 bring an action on such bond in the name of the town. 
 
 By an opinion of the Attorney-General under date of May 4, 1910, it was 
 held, that “ The rules and regulations made by your Commission requiring 
 the supervisor to keep the highway funds of the town in a separate account, 
 are clearly within your authority, and, considered in the light of the several 
 provisions of the statute above referred to, it is made your duty to formu- 
 late and provide the same; and it is clear that you can compel compliance 
 with such rules and regulations in the event of a failure or refusal to comply 
 therewith.” 
 
 By an opinion of the Attorney-General under date of May 8, 1909, it was 
 held that “ No highway moneys can be paid to such supervisor until he has 
 executed and filed in the office of his town clerk, a bond in such an amount 
 as your Commission may specify, to be approved by the town board of your 
 town, and until such bond has been executed the county treasurer would 
 have no right to pay over any highway moneys to him.” 
 
 § 105. Expenditures for repair and improvement of highways. — 
 
 The moneys levied and collected for the repair and improve- 
 ment of highways, including sluices, culverts and bridges having 
 a span of less than five feet, and the moneys received from the 
 state, as provided by section one hundred and one, shall be ex- 
 pended for the repair and improvement of such highways, sluices, 
 culverts and bridges, at such places and in such manner as may be 
 agreed upon by the town board and town superintendent. The 
 town board and the town superintendent shall constitute a board 
 for the purpose of determining the places where and the manner in 
 
which such moneys shall be expended. Such agreement shall he 
 written and signed in duplicate by a majority of the members of 
 the board so constituted, and shall be approved by the commission, 
 before the same shall take effect. One of such duplicates shall 
 be filed in the office of the town clerk and one in the office of the 
 district or county superintendent. Such moneys shall be paid out 
 by the supervisor on the written order of the town superintendent 
 in accordance with such written agreement. 
 
 By an opinion of the Attorney-General under date of April 16, 1909, it 
 was held that “ The services of snow shovelers and road workers come 
 under the provision of section 105 of the new Highway Law, and claims for 
 such work are to be paid by the supervisor upon the written order of the 
 commissioner of highways (superintendent after Nov. 1st, 1909) and 
 do not require to be audited by the town board, before payment.” 
 
 § 106. Expenditures for bridges and other highway purposes. — 
 
 The moneys levied and collected, or raised by the issue and 
 sale of bonds or certificates of indebtedness in anticipation of 
 taxes, as provided in this article, for purposes other than the 
 repair or improvement of highways, as specified in the pre- 
 ceding section, shall be paid out by the supervisor upon the 
 written order of the town superintendent after audit of the 
 town board. Such audit shall be made on verified accounts 
 presented to the town board at a regular or special meeting called 
 for such purpose by the supervisor, or in his absence, by the 
 town clerk, upon the request of the town superintendent. An 
 account shall not be so audited or paid unless the expenditure 
 be in accordance with the annual estimate of the town super- 
 intendent, as approved or modified by the town board, or be 
 authorized by the town board or by a vote of a town meeting, as 
 provided in this article, or be lawfully a charge upon the town. 
 Except as herein otherwise provided the provisions of the town 
 law relating to the audit of town accounts and claims shall apply 
 to accounts and claims against the town arising under this chapter. 
 
 § 107. Reports of supervisor as to highway moneys. — The su- 
 pervisor shall present to the town board at its meeting held in 
 each year, for considering the estimates contained in the state- 
 ment of the town superintendent, as provided in section ninety- 
 one, a verified report showing: 
 
 1. The moneys received from the state, as provided in section 
 one hundred and one during the year ending October thirty-first. 
 
 2. The moneys received by him during such year on account 
 
197 
 
 of taxes levied and collected and from the issue and sale of bonds 
 and certificates of indebtedness in anticipation of taxes, for high- 
 ways, bridges, purchase and repair of machinery, tools and imple- 
 ments, the removal of obstructions caused by snow and for mis- 
 cellaneous purposes. 
 
 3. The moneys received by him during such year as penalties 
 recovered pursuant to this chapter, or from any other source and 
 available for highway purposes in his town. 
 
 4. The expenditures during such year for the improvement, 
 repair and maintenance of highways, for the maintenance and 
 repair of bridges, for the construction of new bridges, for damages 
 and charges in laying out, altering and discontinuing highways, 
 for the removal of obstructions caused by snow, for the purchase 
 of machinery, tools and implements, for the rental or hire of 
 stone crushers, steam rollers and traction engines, for town super- 
 intendents’ salary or compensation and audited expenses, for 
 allowances as fees on account of receiving and disbursing highway 
 moneys, or for other highway purposes. 
 
 5. All machinery, tools and implements owned in whole or in 
 part by the town, the present value of each article thereof, and 
 the estimated cost of all necessary repairs thereto, as shown by 
 the annual inventory of the town superintendent. 
 
 The form of such report shall be prescribed by the commission. 
 Such report shall be filed in the office of the town clerk within 
 three days after the presentation thereof and shall be open to 
 public inspection during the office hours of such town clerk and a 
 duplicate shall at the same time be mailed to the commission. A 
 certified copy of such report shall also be filed by the supervisor 
 with the clerk of the board of supervisors, who shall cause the 
 same to be printed in the next issue of the annual proceedings of 
 the board of supervisors. The town board shall cause a certified 
 copy of the report to be published in a newspaper published in 
 the town, or if there be none published therein, then in a news- 
 paper published within the county and having the greatest circu- 
 lation within the town. The expense of such publication, which 
 shall not exceed ten dollars, shall be a town charge. The clerk 
 of the board of supervisors shall transmit three copies of the 
 journal of the proceedings of the board containing such report to 
 the commission and three copies to the comptroller. 
 
 The report is to be presented at the meeting of the town board held on 
 the Thursday succeeding general election day in each year. This is the 
 
198 
 
 annual audit meeting of the board in most towns. It is at this meeting that 
 the estimate of the town superintendent is presented and considered. The 
 result is that the town board at the time that it revises the town super- 
 intendent’s estimate for the succeeding year has before it the report of the 
 supervisor as to the expenditures of town moneys for highway purposes in 
 the preceding year. 
 
 § 108. Highway accounts, forms and blanks. — The commission 
 shall prescribe the method of keeping town accounts of moneys 
 received and expended, as provided in this article, for highways, 
 bridges, purchase, leasing, rental or hire and repair of machinery, 
 tools and implements, the removal of obstructions caused by snow, 
 and miscellaneous purposes, which shall be uniform, so far as 
 practicable, throughout the state. Such commission may adopt 
 forms and blanks for keeping such accounts. The commission 
 shall also prescribe the form of order to be made by the town 
 superintendent, upon the supervisor, and the form of the agree- 
 ment to be entered into by the town board and town superin- 
 tendent as provided in section one hundred and five. The town 
 superintendent and supervisor shall keep their accounts in the 
 method, and shall use the blanks and forms, prescribed by the 
 commission. All orders and records of accounts shall be filed in 
 the town clerk’s office and preserved as a part of the town records. 
 
 § 109. Duty of town clerk. — It shall be the duty of the town 
 clerk, annually, between the fifteenth day of November, and the 
 fifteenth day of December, to transmit to the commission a list 
 containing the names of each supervisor, town superintendent, 
 justice of the peace, town clerk, assessor and collector, showing 
 his post office address, the date of his appointment or election and 
 the expiration of his term of office. 
 
 § 110. Compensation of supervisor and town clerk.— The super- 
 visor and town clerk of each town shall receive annually, as com- 
 pensation for services under this chapter in lieu of all other 
 compensation and fees, an amount to be fixed by the town board. 
 Such compensation shall be a town charge. 
 
 § 111. Additional expenditure for improvement, repair and main- 
 tenance of town highways. — Upon the written application of 
 twenty-five taxpayers of a town, filed with the town clerk, the 
 electors thereof may, at a regular or special town meeting, vote 
 by ballot upon a proposition for the expenditure of a sum, not 
 exceeding one-third of one per centum of the total taxable prop- 
 erty of the town, including incorporated villages, in addition to 
 the sum authorized by this chapter for the improvement, repair 
 
199 
 
 and maintenance of town highways in such town. Such propo- 
 sition shall be submitted in the manner provided by law for the 
 submission of questions or propositions at a town meeting. If 
 such proposition be adopted, the amount specified therein shall be 
 a town charge and shall be levied and collected in the same man- 
 ner as other town moneys, and when collected shall be paid to the 
 supervisor and expended for the purposes specified in such propo- 
 sition as provided in this chapter. 
 
 The object of this section is to authorize the raising of a special amount 
 for the repair, improvement and maintenance of town highways. It permits 
 of a submission to the vote of a town meeting of the question as to the 
 amount which shall be expended each year upon the town highways, when- 
 ever it is thought desirable to make more extensive improvements than the 
 town board and town superintendent have decided upon. This section per- 
 mits a town meeting to control the amount to be expended where it seems 
 that the town board has been too conservative in its estimates. 
 
 ARTICLE VI. 
 
 State and County Highways. 
 
 Section 120. Highways to be constructed or improved by the state. 
 
 121. Construction or improvement of state highways. 
 
 122. Construction or improvement of county highways. 
 
 123. Preliminary resolution of board of supervisors. 
 
 124. Examination of county highway; approval or disapproval of 
 
 commission. 
 
 125. Maps, plans, specifications and estimates. 
 
 126. Submission of maps, plans and specifications to district or county 
 
 superintendent. 
 
 127. Action of commission in respect to maps, plans, specifications and 
 
 estimates. 
 
 128. Final resolution of board of supervisors. 
 
 129. Order of construction of county highways. 
 
 130. Contracts for construction or improvement of highways. 
 
 131. Award of contracts to board of supervisors or town board. 
 
 132. Suspension of work under contract, completion by commission. 
 
 133. Acceptance of state highway when completed. 
 
 134. Acceptance of county highway. 
 
 135. Entry upon adjacent lands for drainage purposes. 
 
 136. Damages for entry. 
 
 137. State and county highways in villages. 
 
 138. Connecting highways in villages. 
 
 139. Resolution to provide for raising money. 
 
 140. Modifying method of payment. 
 
 141. Division of cost of county highways; payments by county 
 
 treasurer. 
 
 142. County or town may borrow money. 
 
Section 143. 
 
 144. 
 
 145. 
 
 146. 
 
 147. 
 
 148. 
 
 149. 
 
 150. 
 
 151. 
 
 152. 
 
 153. 
 
 154. 
 
 155 . 
 
 156. 
 
 157. 
 
 Payments from state treasury. 
 
 Payment of cost of state highway. 
 
 Abolition of railroad grade crossings. 
 
 Street surface railroads on highways. 
 
 Where cost is assessable against abutting owners. 
 Acquisition of lands for right of way and other purposes. 
 Purchase of lands. 
 
 Petition to acquire lands. 
 
 Commissioners to be appointed. 
 
 Duties of commissioners. 
 
 County treasurer to pay award. 
 
 Costs; commissioners’ fees. 
 
 Lands may be sold or leased; disposition of proceeds. 
 Provisions of labor law not applicable. 
 
 Highways and bridges on Indian reservations. 
 
 § 120. Highways to be constructed or improved by the state. — 
 
 The highways which have been heretofore constructed or improved 
 under the provisions of chapter one hundred and fifteen of the laws 
 of eighteen hundred and ninety-eight, and the acts amendatory 
 thereof, which are included in the routes hereinafter described, 
 together with such other highways as are constructed or improved 
 by the commission in accordance with the routes set forth and 
 described in this section, shall be state highways and shall be con- 
 structed or improved at the sole expense of the state as provided 
 in this article. Such routes are hereby set forth and described as 
 follows : 
 
 Route 1. Commencing at a point on the dividing line between 
 Westchester county and New York, and running thence northerly 
 through Mount Vernon to Eastchester road, thence northerly 
 along Eastchester road, thence westerly in Eastchester to Post 
 road, thence northerly along Post road to White Plains, thence 
 southeasterly along Westchester avenue to Purchase street, thence 
 northerly by Purchase street, by Rye lake and King street to state 
 road, thence northerly by same to Armonk, thence easterly and 
 northeasterly through the town of North Castle to Bedford vil- 
 lage, thence northerly to Katonah, thence along the east side of 
 the Croton river by Golden’s bridge and Purdy’s station to a point 
 on the dividing line between Putnam and Westchester counties at 
 or near Croton Falls, running thence northerly through the east- 
 ern portion of Putnam county by the way of Brewster, to a point 
 on the dividing line between Dutchess and Putnam counties at or 
 near Patterson, running thence northerly by the w r av of Pawling, 
 Wingdale, Dover Plains, Amenia, to a point to he determined by 
 
201 
 
 the commission, on the dividing line between Columbia and 
 Dutchess county, running thence northerly in Columbia county 
 by the way of Copake to Chatham, thence northwesterly to a point 
 at or near Valatie, running thence northerly to a point to be de- 
 termined by the commission, on the dividing line between Rensse- 
 laer and Columbia counties, running thence northerly and north- 
 westerly through the southwestern portion of Rensselaer county 
 to a point to be determined by the commission on the Hudson river 
 opposite or nearly opposite the city of Albany. 
 
 Route 2. Commencing at Jerome avenue on the dividing line 
 between Westchester county and Hew York city and running 
 thence northerly along Jerome avenue and Central Park avenue 
 to Hartsdale, thence along the Sprain road and Landers road to 
 Fair Grounds, thence northerly to cross road between Greenburgh, 
 and Mount Pleasant, thence westerly along the same to the Saw 
 Mill River road and the Tarrytown Lake road to Bedford road, 
 thence along the Sleepy Hollow road northerly and westerly to the 
 Albany post road, thence northerly along Albany post road through 
 Briar Cliff, Ossining and Croton Landing, thence along Old York- 
 town road to Cornell Dam, thence along westerly side of Croton 
 lake to Dixie Hill, thence northerly along Croton avenue to Crom- 
 pound road, thence westerly along Crompound road through 
 Peekskill to Albany post road, thence northerly from Peeks- 
 kill, to a point to be determined by the commission, on 
 the dividing line between the towns of Phillipsburg, Put- 
 nam county, and Cortlandt, Westchester county, running thence 
 northerly through the western portion of Putnam county to 
 a point to be determined by the commission, on the dividing 
 line between Dutchess and Putnam counties, running thence 
 northerly by the way of the city of Poughkeepsie and Rkine- 
 beck, to a point to be determined by the commission, on the 
 dividing line between Columbia and Dutchess counties, running 
 thence northerly, through Blue Store and Johnstown to Bell’s 
 Pond, and thence northerly along the Ancram turnpike and Horth 
 avenue, to the city of Hudson, running thence northeasterly from 
 the city of Hudson to a point at or near Valatie, connecting with 
 route number one, as above described. 
 
 Amended by L. 1910, ch. 648. 
 
 Route 3. Commencing at a point to be determined by the com- 
 mission, on the dividing line between the town of Orangetown, 
 Rockland county, and the state of Hew Jersey, running thence 
 
202 
 
 northerly through the eastern portion of Rockland county by the 
 way of points at or near Nyack and Haverstraw, to a point 
 to be determined by the commission, on the dividing line between 
 Orange and Rockland counties, running thence northerly through 
 the eastern portion of Orange county to the city of Newburgh, 
 thence northerly from the city of Newburgh to a point to be 
 determined by the commission, on the dividing line between 
 Ulster and Orange counties, running thence northerly through 
 the eastern portion of Ulster county to the city of Kingston, run- 
 ning thence northerly from the city of Kingston to a point to 
 be determined by the commission, on the dividing line between 
 Greene and Ulster counties running thence northerly through the 
 eastern portion of Greene county to points at or near Catskill, 
 Athens and Coxsackie, to a point to be determined by the com- 
 mission, on the dividing line between Albany and Greene counties, 
 running thence northerly to the city of Albany. 
 
 Route 4. Commencing a,t a point to be determined by the com- 
 mission on route number three, running thence through Orange 
 county by the way of Middletown to a. point to be determined by 
 the commission, on the dividing line between Sullivan and Orange 
 counties, running thence westerly and northerly through Sullivan 
 county by the way of Monticello to a point to be determined 
 by the commission, on the dividing line between Delaware and 
 Sullivan counties, thence to Deposit, on the dividing line between 
 Broome and Delaware counties, running thence westerly by the 
 way of Windsor to the city of Binghamton, running thence west- 
 erly from the city of Binghamton by the way of Lestershire and 
 Endicott, to a point to be determined by the commission, on the 
 dividing line between Tioga and Broome counties, running thence 
 westerly through the southern portion of Tioga county, to a point 
 to be determined by the commission, on the dividing line between 
 Chemung and Tioga counties, running thence westerly and north- 
 westerly through the southern portion of Chemung county, to the 
 city of Elmira, running thence northerly from the city of Elmira 
 to a point at or near Horseheads, running thence westerly to a 
 point to be determined by the commission on the dividing line 
 between Steuben and Chemung counties, running thence westerly 
 and northwesterly by the wav of Coming, Addison, and Canisteo, 
 to the city of Homell, running thence northwesterly and south- 
 westerly from the city of Homell to a point at or near Almond 
 on the dividing line between Allegany and Steuben counties, run- 
 
203 
 
 ning thence southwesterly to Wellsville, running thence north- 
 westerly and westerly’ by the way of Belmont, Belvidere and 
 Friendship and Cuba, to a point to be determined by the com- 
 mission on the dividing line between Cattaraugus and Allegany 
 counties, running thence southwesterly to the city of Olean, run- 
 ning thence westerly and northwesterly from the city of Olean by 
 the way of Salamanca, to a point to be determined by the com- 
 mission, on the dividing line between Chautauqua and Catta- 
 raugus counties, running thence westerly to the city of James- 
 town, thence northwesterly by the way of Mayville, to Westfield. 
 
 Route 5. Commencing at the city of Kingston, running thence 
 to a point on the boulevard to be erected by the city of Kew York 
 near the present village of West Hurley, thence northerly and 
 westerly by the w r ay of Woodstock, Bearsville and Pine Hill, 
 to a point to be determined by the commission, on the dividing 
 line between Delaware and Ulster counties, running thence west- 
 erly to Margaretville, running thence northerly by the way of 
 Roxbury to Grand Gorge, running thence northwesterly to a point 
 to be determined by the commission, on the dividing line between 
 Schoharie and Delaware counties, running thence northwesterly 
 and westerly to a point to be determined by the commission, on 
 the dividing line between Delaware and Schoharie counties, run- 
 ning thence northwesterly and westerly by the way of Harpers- 
 field, Uorth Kortright and Davenport, to a point to be determined 
 by the commission, on the dividing line between Otsego and 
 Delaware counties, running thence to Oneonta, Otsego county, run- 
 ning thence northeasterly along route number seven to Colliers ; 
 running thence northerly in Otsego county by the way of Coopers- 
 town and Richfield Springs to a point to be determined by the 
 commission, on the dividing line between Herkimer and Otsego 
 counties ; running thence northerly to Mohawk connecting with 
 route number six. 
 
 Amended by L. 1910, ch. 573. 
 
 Route 6. Commencing at a point to be determined by the com- 
 mission at the city of Albany, running thence northwesterly to 
 a point to be determined by the commission, on the dividing 
 line between Schenectady and Albany counties, running thence 
 northwesterly to the city of Schenectady, running thence north- 
 westerly from the city of Schenectady to a point to be determined 
 by the commission, on the dividing line between Montgomery 
 and Schenectady counties, running thence westerly and north- 
 
204 
 
 westerly through Montgomery county by the way of Fonda and 
 St. Johnsville, to a point at or near East Creek, on the divid- 
 ing line between Herkimer and Montgomery counties, running 
 thence westerly and northwesterly by the way of Little Falls 
 and Herkimer, from Herkimer westerly by the way of Mohawk. 
 Ilion and Frankfort to a point to he determined by the commis- 
 sion, on the dividing line between Herkimer and Oneida counties, 
 and thence to the city of Utica, running thence westerly from 
 the city of Utica to Oneida, on the dividing line between 
 Madison and Oneida counties, running thence westerly by the 
 way of Chittenango, to a point to be determined by the com- 
 mission on the dividing line between Onondaga and Madison coun- 
 ties, running thence westerly by way of Fayetteville, to the 
 city of Syracuse, running thence from the city of Syracuse by 
 the way of Camillus and Ethridge, to a point to be determined by 
 the commission, on the dividing line between Cayuga and Onon- 
 daga counties, running thence southwesterly to the city of Auburn, 
 running thence from the city of Auburn to a point to be deter- 
 mined by the commission on the dividing line between Seneca and 
 Cayuga counties, running thence westerly to Seneca Falls, thence 
 southerly through the village of Seneca Falls to the south side of 
 Seneca lake outlet, thence westerly on the south side of Seneca 
 lake outlet to a point at the foot of Seneca lake, running thence 
 westerly to a point to be determined by the commission on the 
 dividing line between Ontario and Seneca counties, running thence 
 westerly to Geneva, running thence westerly from Geneva to Can- 
 andaigua, running thence westerly to a point to be determined by 
 the commission, on the dividing line between Livingston and On- 
 tario counties, running thence westerly by the way of Avon and 
 Caledonia, to a point to be determined by the commission, on the 
 dividing line between Genesee and Livingston counties, running 
 thence westerly by way of Batavia, to a point to be determined 
 by the commission, on the dividing line between Erie and Genesee 
 counties, running thence westerly to the city of Buffalo, Erie 
 county. 
 
 Amended by L. 1910, ch. 573. 
 
 Boute 7. Commencing at a point to be determined by the 
 commission on the dividing line between the town of Bing- 
 hamton in Broome county and Pennsylvania, running thence 
 northerly to the city of Binghamton ; running thence north- 
 erly and northeasterly from the city of Binghamton on the 
 
205 
 
 east side of the Chenango river, by the way of Port Crane, 
 Sanitaria Springs and Harpursville, to Nineveh, on the divid- 
 ing line between Chenango and Broome counties, running thence 
 northeasterly along the Susquehanna valley, to a point at or 
 near Sidney, on the dividing line between Chenango and Dela- 
 ware counties, running thence northeasterly by the way of 
 Sidney to a point to be determined by the commission, on the 
 dividing line between Otsego and Delaware counties, running 
 thence northeasterly along the Susquehanna valley to Oneonta, 
 running thence northeasterly from Oneonta by the way of Mary- 
 land and Worcester, to a point to be determined by the commis- 
 sion, on the dividing line between Schoharie and Otsego counties, 
 running thence easterly by the way of Cobleskill to a point to be 
 determined by the commission, on the dividing line between 
 Albany and Schoharie counties at or near West Berne, running 
 thence easterly to the city of Albany. 
 
 Route 8. Commencing at the city of Binghamton, running 
 thence northerly on the west side of the Chenango river to Chen- 
 ango Forks, on the dividing line between Chenango and Broome 
 counties, running thence along the west bank of the Chenango 
 river to North Norwich, running thence northerly by the way 
 of Sherburne to Earlville, on the dividing line between Madison 
 and Chenango counties, running thence northerly by the way of 
 Hamilton and Bouckville, to a point at or near Oriskany Falls, 
 on the dividing line between Oneida and Madison counties, run- 
 ning thence northeasterly by the way of Deansboro to a point to 
 be determined by the commission connecting with route num- 
 ber six. 
 
 Route 9. Commencing at a point to be determined by the com- 
 mission, at or near Horseheads, Chemung county, New York, on 
 route number four, running thence northerly and northeasterly 
 by the way of Horseheads, Breesport and Erin to a point to be 
 determined by the commission on the dividing line between Tioga 
 and Chemung counties, running thence easterly and- northeasterly 
 by the way of North Spencer to a point to be determined by the 
 commission on the dividing line between Tompkins and Tioga 
 counties, running thence northerly to the city of Ithaca, running 
 thence northeasterly by the way of a point to be determined by 
 the commission at or near Dryden to a point to be determined 
 by the commission on the dividing line between Cortland and 
 Tompkins counties, running thence northeasterly to Cortland, 
 thence northeasterly by the way of Truxton to a point to be do- 
 
206 
 
 termined by the commission on the dividing line between Madi- 
 son and Cortland counties at or near De Ruyter, thence northerly 
 to Cazenovia, thence easterly by the way of Morrisville to a point 
 at or near Bouckville on route number eight. y 
 
 Route 10. Beginning at the city of Syracuse, running thence 
 southerly to a point to be determined by the commission on the 
 dividing line between Cortland and Onondaga counties, running 
 thence southerly by the way of Homer to Cortland, thence south- 
 easterly by the way of McGrawville, Solon and Willet to a point 
 to be determined by the commission on the dividing line between 
 Chenango and Cortland counties, thence southeasterly by the way 
 of Smithville Flats to Greene, thence easterly by the way of 
 Coventry to Coventryville, thence southeasterly to Afton, connect- 
 ing with route number seven. > 
 
 Route 11. Commencing at the city of Ithaca, running thence 
 northerly to a point to be determined by the commission, on the 
 dividing line between Cayuga and Tompkins counties, running 
 thence northerly to the city of Auburn. 
 
 Route 12. Commencing at a point at or near llorseheads, at a 
 point to be determined by the commission, running thence north- 
 erly to a point to be determined by the commission, on the divid- 
 ing line between Schuyler and Chemung counties, running thence 
 northerly by the way of Watkins, to a point to be determined 
 by the commission, on the dividing line between Yates and Schuy- 
 ler counties, running thence northwesterly by the way of Dundee, 
 to the village of Penn Yan, running thence northerly to a point- 
 on the dividing line between Ontario and Yates counties, run- 
 ning thence northerly to the city of Geneva, running thence 
 northerly from the city of Geneva, to a point to be determined 
 by the commission, on the dividing line betw T eem Wayne and 
 Ontario counties, running thence northerly to Lyons, connecting 
 with route number twenty. 
 
 Route 13. Commencing at Bath, Steuben county, running 
 thence northeasterly by the way of Ilammondsport to a point 
 to be determined by the commission on the dividing line between 
 Schuyler and Steuben counties, thence northeasterly to a point 
 to be determined by the commission on the dividing line between 
 Yates and Schuyler counties, thence northeasterly to Dundee on 
 route number twelve. 
 
 Route 14. Commencing at Corning, Steuben county, running 
 thence northwesterly by the way of Bath, Avoca to Cohocton, 
 
207 
 
 running thence northerly from Cohocton, to a point to be 
 determined by the commission on the dividing line between 
 Ontario and Steuben counties, running thence northeasterly to 
 Naples, running thence northerly from Naples to a point to be 
 determined by the commission, connecting with route number six, 
 running thence along route number six, to Black’s Corners, and 
 from thence to Holcomb ; running thence northwesterly to a point 
 to be determined by the commission on the dividing line between 
 Monroe and Ontario counties, thence northerly to Pittsford, 
 thence westerly, then northerly to the city of Rochester. 
 
 Amended by L. 1910, ch. 648. 
 
 Route 15. Commencing at Horn ell, Steuben county, running 
 thence northwesterly to a point to be determined by the com- 
 mission, on the dividing line between Allegany and Steuben 
 counties, running thence northerly to a point to be determined 
 by the commission, on the dividing line between Livingston and 
 Allegany counties, running thence northerly by the way of Dans- 
 ville and Mount Morris, thence northwesterly and northerly by 
 the way of Moscow and York to a point on route number six at 
 or near Caledonia. 
 
 Route 16. Commencing at the village of Cuba, Allegany county, 
 running thence northeasterly by the way of Belfast and Caneadea, 
 to a point to be determined by the commission, on the dividing 
 line between Wyoming and Allegany counties, running thence 
 northerly by the way of Pike, Gainesville and Rock Glen to 
 Warsaw, running thence northerly to a point to be determined 
 by the commission, on the dividing line between Genesee and 
 Wyoming counties, running thence northerly to the village of 
 Le Roy, running thence along route number six to Caledonia, run- 
 ning thence northerly to a point to be determined by the commis- 
 sion on the dividing line between Monroe and Livingston counties, 
 running thence northerly by the way of Scottsville to the city of 
 Rochester. 
 
 Route 17. Commencing at a point to be determined by the 
 commission on route number four at or near Hinsdale, running 
 thence northerly by the way of Franklinville and Machias to a 
 point to be determined by the commission near the dividing 
 lines of Erie, Wyoming and Cattaraugus counties, running thence 
 northwesterly by the way of East Aurora to the city of Buffalo. 
 
 Route 18. Commencing at a point to be determined by the 
 commission, on the dividing line between Ripley, Chautauqua 
 
208 
 
 county, and the state of Pennsylvania, running thence north- > 
 
 easterly by the way of Westfield, Brocton, Fredonia, along the old 
 Buffalo and Erie road, to a point to he determined by the commis- 
 sion, on the dividing line between Erie and Chautauqua counties, 
 running thence northeasterly and northerly to the city of Buffalo, 
 running thence northerly from the city of Buffalo to the city 
 of Tonawanda, running thence northwesterly and westerly from 
 North Tonawanda to the city of Niagara Falls, running thence 
 northerly from Niagara Falls by the way of Lewiston to a point 
 near the mouth of the Niagara river, Niagara county. 
 
 Route 19. Commencing at the city of Buffalo, running thence 
 easterly to Manila, thence southerly to Wales Center, thence east- 
 erly to a point to be determined by the commission on the dividing 
 line between Wyoming and Erie counties, running thence easterly 
 to Varysburg, thence northerly by the way of Attica to a point 
 to be determined by the commission on the dividing line between 
 Genesee and Wyoming counties, running thence northeasterly to 
 Batavia, Genesee county, connecting with route number six. 
 
 Route 20. Commencing at a point on route number six, at or 
 near Elbridge, in Onondaga county, running thence northerly to 
 Jordan and westerly to a point to be determined by the com- 
 mission, on the dividing line between Cayuga and Onondaga 
 counties, running thence northwesterly and southwesterly by the 
 way of Port Byron and Montezuma, to a point to be determined 
 by the commission, at or near the dividing lines between Wayne, 
 
 Seneca and Cayuga counties, running thence northwesterly and 
 westerly from Savannah, Clyde, Lyons, Palmyra, and Macedon to 
 a point to be determined by the commission, on the dividing line 
 between Monroe and Wayne counties, running thence northwest- 
 erly to the city of Rochester, Monroe county. 
 
 Route 21. Commencing at a point on the Hudson river at or 
 near Albany and running thence easterly to a point at or near 
 Sand Lake, running thence southerly to a point at or near Nassau, 
 in Rensselaer county, running thence southeasterly to a point to 
 be determined by the commission, on the dividing line between 
 Columbia and Rensselaer counties, to a point to be determined by 
 the commission, on the dividing line between Columbia county and 
 the state of Massachusetts. 
 
 Route 22. Commencing at a point in Rensselaer county at 
 or near the city of Troy, running thence northeasterly by the 
 way of Raymertown, to Potter Hill, running thence northerly 
 
209 
 
 through Hoosick Falls, to a point at or near Eagle Bridge, on 
 the dividing line between Washington and Rensselaer counties, 
 running thence northerly by the way of Cambridge, Salem and 
 Granville by the way of Whitehall and the shore road along Lake 
 Champlain to Putnam; and commencing at a point on route 
 twenty-five at Riparius in Warren county, and running thence to 
 a point to be determined by the commission on the dividing line 
 between Essex and Warren counties, and running thence northerly 
 by way of Schroon Lake village to Elizabethtown, running thence 
 westerly to Keene, thence northerly to Ausable Forks and a point 
 on the dividing line between Clinton and Essex counties, thence 
 northeasterly to a point at or near Ausable Chasm, thence north- 
 erly by the way of Plattsburgh and Chazy to Rouses Point. 
 
 Route 23. Commencing on the Cherry Valley turnpike at the 
 westerly line of the village of West Winfield near the intersec- 
 tion of the three counties, Otsego, Oneida and Herkimer, running 
 thence westerly to the village of Bridgewater, running thence 
 northerly to the city of Utica, running thence northeasterly 
 through the town of Deerfield to a point to be determined by the 
 commission on the dividing line between Herkimer and Oneida 
 counties, at or near Poland, there intersecting route number 
 twenty-six, running thence northeasterly through Cold Brook, 
 Wilmurt and Uobleboro to the Hamilton county line there joining 
 the county highway of Hamilton county which leads through More- 
 houseville to Lake Pleasant. 
 
 Amended by L. 1910, ch. 573. 
 
 Route 24. Commencing at a point on route number six at 
 Fonda, Montgomery county, running thence northerly to a point 
 to be determined by the commission on the dividing line between 
 Fulton and Montgomery counties, running thence northerly by the 
 way of Johnstown and Gloversville to Uorthville, running thence 
 northerly to a point to be determined by the commission on the 
 dividing line between the counties of Hamilton and Fulton, run- 
 ning thence northerly to Lake Pleasant. 
 
 Route 25. Commencing at Whitesboro near Utica on route 
 number twenty-eight in Oneida county, running thence northerly, 
 by the way of Marcy, Holland Patent, Remsen, Alder Creek and 
 White Lake Corners, to a point to be determined by the commis- 
 sion, at or near the dividing lines between Herkimer, Lewis and 
 Oneida counties, running thence northeasterly by the way of 
 Fulton Chain, and on or near the highways laid out, to a point 
 14 
 
210 
 
 to be determined by tbe commission, on the dividing line between 
 Hamilton and Herkimer counties, running thence easterly by 
 the way of Raquette Lake, and on the south shore of Raquette 
 Lake, running thence northeasterly to Blue Mountain Lake, run- 
 ning thence northerly to Long Lake, running thence easterly to a 
 point to be determined by the commission, on the dividing line 
 between Essex and Hamilton counties, running thence easterly 
 to Newcomb, running thence southeasterly by the way of Minerva, 
 to a point to be determined by the commission, on the dividing 
 line between Warren and Essex counties, running thence by the 
 way of North Creek, Biparius and Warrensburg to Lake George, 
 running thence southerly to a point to be determined by the com- 
 mission on the dividing line between Saratoga and Warren coun- 
 ties at or near Glens Falls, running thence southerly by the way 
 of Saratoga Springs to Ballston Spa, running thence southeast- 
 erly to a point to be determined by the commission on the divid- 
 ing line between Albany and Saratoga counties, running thence 
 southerly to a point to be determined by the commission at or 
 near the city of Albany. 
 
 Route 26. Commencing in the village of Mohawk near the in- 
 tersection of routes five and six, thence running easterly through 
 Jacksonburg to Little Falls, thence running northwesterly through 
 Eatonsville, Middleville, Newport and Poland, across the corner 
 of Oneida county, thence in Herkimer county to a point on the 
 dividing line between Oneida and Herkimer counties near Graves- 
 ville, thence by the way of Trenton Falls to join route number 
 twenty-five at or near Trenton. 
 
 Amended by L. 1910, ch. 573. 
 
 Route 27. Commencing at a point on route number twenty-five, 
 to be determined by the commission near Alder Creek, running 
 thence northwesterly by the way of Booneville,* to a point on the 
 dividing line between Lewis and Oneida counties, running thence 
 northerly by the way of Lowville, to a point at or near Carthage, 
 on the dividing line between Jefferson and Lewis counties, running 
 thence northwesterly and westerly to the city of Watertown, run- 
 ning thence northwesterly from the city of Watertown to Clayton, 
 thence northeasterly to Alexandria Bay, Jefferson county. 
 
 Route 28. Commencing at the city of Utica, Oneida county, 
 running thence northwesterly to Rome, running thence north- 
 westerly from Rome, by the way of Camden, to a point to be 
 determined by the commission, on the dividing line between 
 
 # So in original; 
 
211 
 
 Oswego and Oneida counties, running thence northwesterly by 
 the way of Parish to Union Square, Oswego county. 
 
 Route 29. Commencing at Rome, running thence southwesterly 
 to Oneida, being a point on the dividing line between Madison 
 and Oneida counties. 
 
 Route 30. Commencing at Rouses Point, in Clinton county, 
 running thence westerly through the northern part of Clinton 
 county, to a point to be determined by the commission, on the 
 dividing line between Pranklin and Clinton counties, running 
 thence westerly by the way of Burke, Malone and Moira, to a point 
 to be determined by the commission, on the dividing line between 
 Saint Lawrence and Franklin counties, running thence westerly 
 to Lawrenceville, running thence southerly to a point at or near 
 Nicholville, running thence westerly and southwesterly by the 
 way of Potsdam, Canton and Gouverneur, to a point to be deter- 
 mined by the commission, on the dividing line between Jefferson 
 and Saint Lawrence counties, running thence southwesterly by 
 the way of Philadelphia to Watertown, running thence southerly 
 from Watertown, by the way of Adams and Pierrepont Manor, to 
 a point to be determined by the commission, on the dividing line 
 between Oswego and Jefferson counties, running thence south- 
 erly and southwesterly and westerly by the way of Pulaski and 
 Union Square to Oswego, running thence southerly from Oswego 
 by way of Hannibal to a point to be determined by the commis- 
 sion, on the dividing line between Cayuga and Oswego counties, 
 running thence southwesterly through the northern part of Cayuga 
 county to a point to be determined by the commission, on the di- 
 viding line between Wayne and Cayuga counties, running thence 
 southwesterly and westerly by way of Red Creek, Wolcott, Alton, 
 Sodus, Williamson and Ontario to a point to be determined by the 
 commission on the dividing line between Monroe and Wayne 
 counties, running thence southwesterly to the city of Rochester, 
 running thence westerly from the city of Rochester by the way of 
 Spencerport, to a point to be determined by the commission, on 
 the dividing line between Orleans and Monroe counties, running 
 thence westerly to points at or near Albion and Medina, to a 
 point to be determined by the commission, on the dividing line 
 between Niagara and Orleans counties, running thence westerly 
 to a point to be determined by the commission, connecting with 
 route number eighteen. 
 
 Amended by L, 1910, ch. 648. 
 
212 
 
 30-a. Commencing at the point mentioned in the description 
 of route twenty-seven at or near Carthage, on the dividing line 
 between Jefferson and Lewis counties, running thence northerly 
 and northwesterly to Antwerp in Jefferson county, terminating at 
 and intersecting route thirty at or near Antwerp aforesaid. 
 
 Added by L. 1910, ch. 650. 
 
 Route 31. Commencing at Malone, Franklin county, running 
 thence southerly by the way of a point at or near Duane and 
 Meacham Lake to Saranac Junction. 
 
 Route 32. Commencing at Lawrenceville in St. Lawrence 
 county, running thence northerly to North Lawrence, running 
 thence westerly to Winthrop, running thence northerly to Mas- 
 sena, running thence southwesterly by the way of Waddington, 
 thence by the way of the Sucker Brook and Van Rensselaer roads 
 to Ogdensburg. 
 
 Amended by L. 1910, eh. 648. 
 
 Route 33. Commencing at Syracuse, running thence northerly 
 to a point to be determined by the commission, on the dividing 
 line between Oswego and Onondaga counties, running thence 
 northerly by the way of Central Square to a point at or near 
 Colosse on route number twenty-eight. 
 
 Route 34. Commencing at the city of Oswego on the east side 
 of the river, running thence by the way of Fulton through Phoenix 
 to a point to be determined by the commission on the dividing 
 line between Onondaga and Oswego counties, running thence by 
 the way of Liverpool to Syracuse. 
 
 Route 35. Commencing at a point to be determined by the com- 
 mission on the dividing line between Nassau and Queens coun- 
 ties, running thence easterly through the northern portion of 
 Nassau county to a point to be determined by the commission on 
 the dividing line between Suffolk and Nassau counties, running 
 thence easterly by the way of Jericho turnpike to Smithtown 
 branch, Saint James, Port Jefferson and Wading River to River- 
 head, running thence southerly to West Hampton, running 
 thence westerly by the way of south country road to Patchogue, 
 Sayville, Islip, Bay Shore and Babylon to Amityville, running 
 thence westerly to a point to be determined by the commission on 
 the dividing line between Nassau and Suffolk counties, running 
 thence westerly through the southern portion of Nassau county to 
 a point to be determined by the commission on the dividing line 
 between Queens and Nassau counties. 
 
213 
 
 Route 36. Commencing at Owego in Tioga county, running 
 thence northerly to a point to he determined by the commission 
 on the dividing line between Tompkins and Tioga counties, run- 
 ning thence northwesterly to the city of Ithaca, running thence 
 northwesterly from the city of Ithaca to Trumansburg, at or near 
 the dividing line between Seneca and Tompkins counties, running 
 thence northwesterly and northerly by the way of Ovid to a point 
 to be determined by the commission on route number six. 
 
 Route 37. Commencing at a point on route twenty j six at Dolge- 
 ville, running thence easterly along the old state road by way of 
 Oppenheim, Lasellville, Garoga and Rockwood to the city of 
 Johnstown in Fulton county, running thence easterly by way of 
 West Perth to Perth Center, thence in a northerly direction to 
 Broadalbin by way of Vail Mills, thence in a southeasterly direc- 
 tion by way of Honeywells Corners and Jackson Vlaie farm to 
 Van Vrankens Corners, thence easterly to a point to he determined 
 by the commission on the dividing line between Saratoga and Ful- 
 ton counties, running thence easterly by the way of Galway to 
 Saratoga Springs connecting with route number twenty-five. 
 
 Amended by L. 1910, ch. 648. 
 
 Route 38. Commencing at such point in or near the village of 
 Schoharie, in the county of Schoharie, in the line of route number 
 seven as the commission may determine ; running thence southerly 
 through the towns of Schoharie, Middleburg, Fulton, Blenheim, 
 Gilboa and Conesville to, and intersecting route number five, at a 
 point to be determined by the commission. 
 
 Added by L. 1909, ch. 504. 
 
 Route 39. Commencing at a point on route twenty-five in the 
 county of Saratoga at or near Ballston lake ; thence southwesterly 
 to a point to be determined by the commission on the dividing 
 line between the counties of Saratoga and Schenectady ; thence 
 southwesterly to a point at or near the city of Schenectady con- 
 necting with route six. 
 
 Added by L. 1910, ch. 649. 
 
 § 121. Construction or improvement of state highways. — The 
 state highways shall be constructed or improved by the commis- 
 sion as provided in this article. The mileage to be constructed 
 from the amount available from the sale of bonds issued as pro- 
 vided by chapter four hundred and sixty-nine of the laws of nine- 
 teen hundred and six, as amended by chapter seven hundred and 
 
214 
 
 eighteen of the laws of -nineteen hunclred and seven, and appro- 
 priated for the construction or improvement of state highways, 
 shall be equitably apportioned by the commission among the sev- 
 eral counties without discrimination ; but not more than one-half 
 of the amount appropriated each year from the proceeds of the 
 sale of such bonds shall be expended under this article for the 
 construction and improvement of state highways. In making the 
 apportionment between counties the commission shall take into 
 consideration the mileage which may be constructed from the 
 amount to be expended under this article in each county for the 
 construction or improvement of county highways, together with 
 the mileage of state and county highways theretofore constructed 
 out of moneys derived from the sale of bonds issued as above 
 provided. 
 
 % 
 
 Report of joint legislative committee on highways, 1908, contains the fol- 
 lowing statement in respect to this section: “Article 7, sec. 12 of the Con- 
 stitution, which authorizes the creation of a debt not exceeding fifty million 
 dollars for the improvement of highways provides that such highways shall 
 be determined under general laws, which shall also provide for the equitable 
 apportionment thereof among the counties. It is assumed in this section 
 that the Commission in apportioning county highways among the counties 
 will take into consideration those highways which are declared by this 
 chapter to be State highways to be improved at the sole expense of the 
 State. The evident purpose of the Constitution was to provide for an 
 equitable apportionment of the highways among the counties whether they 
 be constructed or improved by the State, or jointly by the State, county and 
 town. An equitable apportionment of the highways to be constructed from 
 the proceeds of the bonds issued under the constitutional provision must 
 necessarily include both State and county highways. The Commission in 
 exercising the authority conferred upon it by this section will be governed 
 both by the statute and the Constitution.” 
 
 By an opinion of the Attorney -General under date of August 7, 1909, it 
 was held that a county cannot acquire title for new rights of way for State 
 or county highways until an amendment to the Constitution allowing such 
 title to be acquired by the county is made. The opinion says in part, “ I 
 do not think the passage of section 120 of the Highway Law changes the 
 situation as to State roads. The routes therein laid out can be followed, and 
 the roads improved along any and all of them except where there are new 
 routes, or deviate from old established ways in the forest preserve, but it 
 is too well settled to require the citation of any authorities, that the 
 Legislature cannot overrule an expressed provision of the Constitution, and 
 while it is more than likely that it was not originally intended to prohibit 
 the laying out and working of highways through the forest preserve, still 
 the language will not bear any other interpretation, and I am, therefore, 
 of the opinion that neither new State or county highways can be cut or 
 worked through any part of the forest preserve until some change has been 
 made in the Constitution.” 
 
215 
 
 § 122. Construction or improvement of county highways. — The 
 
 county highways to be constructed or improved under this article 
 at the joint expense of the state, county and town, shall be those 
 highways in each county determined by the commission to be of 
 sufficient public importance to come within the purposes of this 
 chapter, so as to constitute a part of a properly developed system 
 of improved market roads within the county, taking into account 
 the use, location and value of such highways for the purposes of 
 common traffic and travel. Such county highways shall be 
 equitably apportioned by the commission among the several coun- 
 ties without discrimination. In making such apportionment the 
 commission shall take into consideration the total mileage of state 
 highways which shall be hereafter constructed or improved in 
 each county, and also the highways therein which have been con- 
 structed or improved prior to the taking effect of this article from 
 funds made available by the issue and sale of bonds as provided 
 in section twelve of article seven of the constitution, so that there 
 shall be an equitable distribution as between the counties of all 
 highways built in whole or in part from such funds. 
 
 § 123. Preliminary resolution of board of supervisors. — The board 
 of supervisors of any county may pass a resolution stating that 
 public interest demands the improvement of a highway or sec- 
 tion thereof within the county, and requesting that it be con- 
 structed or improved as provided in this article. Such resolu- 
 tion shall contain a description of such highway or section thereof. 
 Such highway or section thereof shall not include a portion of 
 a highway within a city, except that portion of the cities of Rome 
 and Oneida lying outside of the respective corporation tax dis- 
 tricts of said cities, nor any portion of a highway within an 
 incorporated village, unless it be necessary to complete the con- 
 nection of such highway with a highway already improved or 
 to be improved under this article. The clerk of the board of su- 
 pervisors shall, within ten days after the passage of such a resolu- 
 tion, transmit a certified copy thereof to the commission. 
 
 Amended by L. 1909, ch. 487. 
 
 § 124. Examination of county highway; approval or disapproval 
 by commission — The commission after receipt of such resolution, 
 and at such times as it deems proper, shall examine the high- 
 way or section thereof sought to be constructed or improved, and 
 shall determine whether it is of the character specified in section 
 one hundred and twenty-two, and whether the construction or 
 
216 
 
 improvement thereof will provide for an equitable apportionment 
 of the highways among the several counties as provided in such 
 section. After such examination the commission shall certify its 
 approval or disapproval of such resolution to the board of super- 
 visors adopting it; if it disapprove thereof it shall certify its 
 reasons therefor. 
 
 § 125. Maps, plans, specifications and estimates. — Whenever the 
 commission shall have determined upon the construction or im- 
 provement of a state highway, or section thereof, or shall have 
 approved a resolution adopted by a board of supervisors in any 
 county requesting the construction or improvement of a county 
 highway, or a section thereof, the commission shall direct the 
 division engineer of the division wherein such highway or sec- 
 tion thereof is situated to make surveys, and prepare suitable 
 preliminary maps, plans and specifications. Such division engi- 
 neer shall, subject to the direction and control of the commission, 
 have the following powers and duties in respect to such highways : 
 
 1. He shall cause the highway or section thereof designated 
 by the commission, or described in such resolution, to be mapped 
 both in outline and profile. 
 
 2. He may provide for a deviation from the line of a highway 
 already existing, if thereby a shorter or more direct highway, or 
 a lessened gradient may be obtained without decreasing the use- 
 fulness of the highway. 
 
 3. He may provide for the widening of an existing highway. 
 
 4. He shall prepare preliminary plans and specifications for 
 the construction or improvement of such highway or section 
 thereof providing for a telford, macadam or gravel roadway, or 
 other suitable construction, taking into consideration climate, soil 
 and materials to be had in the vicinity thereof, and the extent 
 and nature of the traffic likely to be upon such highway, specify- 
 ing in his judgment the kind of highway a wise economy demands. 
 
 5. He shall provide in such plans and specifications for neces- 
 sary culverts, drains, ditches, waterways, embankments, guard- 
 rails and retaining walls. 
 
 6. He may provide therein for the removal or planting of 
 trees, within the boundaries of the highway, when necessary for 
 the preservation thereof. 
 
 7. He shall provide therein for the erection of suitable guide 
 boards. 
 
 8. He may provide for such other work as may be required to 
 complete the construction or improvement in a proper manner. 
 
217 
 
 9. He shall cause an estimate to be made of the cost of the 
 construction of such highway or section thereof in accordance 
 with such plans and specifications. In making such estimate he 
 shall ascertain with all practical accuracy the quantity of embank- 
 ment, excavation and masonry, the quantity of all materials to 
 be used and all items of work to be placed under contract and 
 specify the estimated cost thereof. 
 
 § 126. Submission of maps, plans and specifications to district or 
 county superintendent. — The commission shall cause the prelim- 
 inary maps, plans and specifications for either a state or county 
 highway, or a copy thereof, to be presented to the district or 
 county superintendent of the district or county in which such 
 highway or section thereof is situated, who shall personally ex- 
 amine the highway or section thereof and the proposed maps, 
 plans and specifications, and shall recommend any modification 
 thereof which in his judgment seems to be necessary and shall 
 report thereon within sixty days to the commission. He shall 
 also take such other action in respect thereto as may be required 
 by law or by the commission. 
 
 § 127. Action of commission in respect to maps, plans, specifica- 
 tions and estimates. — Upon receiving the report of the district 
 or county superintendent, as provided in the preceding section, 
 the commission shall finally adopt the maps, plans, specifica- 
 tions and estimates which are to be used for the construction 
 or improvement of the state or county highway to be constructed 
 or improved. If such highway be a state highway the commis- 
 sion shall thereupon proceed to advertise and award contracts 
 for the construction or improvement thereof as provided in sec- 
 tion one hundred and thirty. If such highway be a county 
 highway the commission shall transmit such plans, specifications 
 and estimates as adopted by them to the board of supervisors of 
 the county from which the resolution proceeded, together with 
 their certificate approving the construction or improvement of the 
 highway or section thereof designated in such resolution. 
 
 § 128. Final resolution of board of supervisors. — The board of 
 supervisors, after the receipt of plans, specifications and estimate 
 of a county highway or section thereof, and after such modifica- 
 tion thereof as may be made by a majority vote of such board, 
 with the consent of the commission, may approve such plans, 
 specifications and estimate, and adopt a resolution requesting that 
 such county highway or section thereof be constructed or im- 
 
218 
 
 proved under the provisions of this article, in accordance there- 
 with. In the case of a county highway or a section thereof which 
 divides two or more counties, such resolution must be separately 
 adopted by the board of supervisors of each county within which 
 a portion of such highway lies. The form of such resolution 
 shall be prescribed by the commission and shall contain the 
 matter required by this article to be inserted therein. Imm&- 
 diately upon the adoption of such resolution the clerk of the 
 board of supervisors shall transmit a certified copy thereof to the 
 commission. When a board of supervisors has once adopted a 
 resolution providing for the construction or improvement of a 
 highway or a section thereof in accordance with such plans and 
 specifications, no resolution thereafter adopted by such board shall 
 rescind or annul such prior resolution either directly or in- 
 directly, excepting under the advice and with the consent of the 
 commission. Notwithstanding the adoption of such a resolution, 
 the commission may modify such plans, specifications and esti- 
 mate, prior to the award of a contract therefor and, upon the 
 approval thereof by the board of supervisors as above provided, 
 such highway or section thereof shall be constructed or improved 
 in accordance with such plans, specifications and estimate. 
 
 Amended by L. 1909, ch. 240, § 45. 
 
 § 129. Order of construction of county highways. — Upon the 
 receipt of such resolution the commission shall proceed with the 
 improvement or construction of such county highway as provided 
 in this article. The construction and improvement of such county 
 highways and sections thereof shall be taken up and carried for- 
 ward within a county in the consecutive order as determined by 
 the date of the receipt by the commission in each case of the 
 certified copy of the final resolution, so far as is practicable in 
 the opinion of the commission. No such highway shall be placed 
 upon the list of highways to be constructed or improved nor re- 
 ceive a consecutive number on such list, unless such resolution 
 shall appropriate and make immediately available for such con- 
 struction or improvement the counties’ and towns’ share of the 
 cost thereof. 
 
 Amended by L. 1910, ch. 247. 
 
 § 130. Contracts for construction or improvement of highways. — 
 
 State and county highways shall be constructed or improved by 
 contract. Upon the completion and final adoption or approval, 
 as provided by law, of the plans, specifications and estimate for 
 
210 
 
 the construction or improvement of a state or county highway, 
 contracts therefor shall he executed as provided herein. 
 
 1. Advertising for proposals. — The commission shall advertise 
 for proposals for the construction or improvement of such high- 
 ways or sections thereof according to the plans, specifications and 
 estimate prepared therefor. The advertisement shall he limited 
 to a brief description of the work proposed t,o he done, with an 
 announcement stating where the maps, plans, specifications and 
 estimate may he seen, the terms and conditions under which 
 proposals will be received, the time and place where the same will 
 be opened, and such other matters as the commission may deem 
 advisable to include therein. Such advertisement shall be pub- 
 lished at least once in each week for two successive weeks in a 
 newspaper published at the county seat of the county in which 
 such highway or section thereof is to be constructed or improved, 
 and in such other newspapers as the commission may designate. 
 
 2. Proposals. — Each proposal shall specify the gross sum for 
 which the work will be performed and shall also include the 
 amount to be charged for each item specified in the estimate. The 
 commission may prescribe and furnish forms for the submission 
 of such proposals and may prescribe the manner of submitting 
 the same which shall not be inconsistent herewith. The proposals 
 when opened shall be subject at all reasonable times to public 
 inspection, and at the time of opening shall be publicly read, and 
 conspicuously posted in such a manner as to indicate the several 
 items of the proposal. 
 
 3. Award of contracts. — The contract for the construction or 
 improvement of such highway or section thereof shall be awarded 
 to the lowest responsible bidder, except that no contract shall be 
 awarded at a greater sum than the estimate made for the con- 
 struction or improvement of such highway or section thereof in 
 accordance with such plans and specifications. The lowest bid 
 shall be deemed to be that which specifically states the lowest 
 gross sum for which the entire work will be performed, including 
 all the items specified in the estimate therefor. 
 
 4. Estimates may be amended. — If no proposal otherwise ac- 
 ceptable is made within the estimate accompanying the plans 
 and specifications, the commission may cause the estimate to be 
 amended. If the highway to be constructed or improved is a 
 county highway the commission shall certify the amended estimate 
 to the board of supervisors and the board shall take action thereon 
 
as in a case where plans, specifications and estimates are originally 
 submitted to a board of supervisors. Upon the amendment of 
 such estimate, and its approval by the board of supervisors in case 
 of a county highway, the commission may proceed anew to obtain 
 proposals and award the contract as provided in this section. 
 
 5. Rejection of proposals. — The commission may reject any 
 or all proposals and may advertise for new proposals as above 
 provided, if, in their opinion, the best interests of the state will 
 thereby be promoted. 
 
 6. Form of contract. — « The commission shall prescribe the 
 form of contract and may include therein such matters as they 
 may deem advantageous to the state. Such forms shall be uni- 
 form so far as may be. 
 
 7. Bond of contractor. — Each contractor, before entering into 
 a contract for such construction or improvement, shall execute a 
 bond in the form prescribed by the commission, with sufficient 
 sureties, to be approved by the commission, conditioned that be 
 will perform the work in accordance with the terms of the con- 
 tract, and with the plans and specifications, and that be will 
 commence and complete the work within the time prescribed in 
 the contract. Such bond shall also provide against any direct 
 or indirect damages that shall be suffered or claimed on account 
 of such construction or improvement during the time thereof, 
 and until the highway is accepted. 
 
 8. Payments on contract. — The contract may provide for par- 
 tial payments to an amount not exceeding ninety per centum of 
 the value of the work done, which shall be paid in the manner 
 provided by this article when certified to by the commission. 
 Ten per centum of the contract price shall be retained until the 
 entire work has been completed and accepted. 
 
 9. Contingencies. — All contingencies arising during the prose- 
 cution of the work shall be provided for to the satisfaction of 
 the commission and as may be agreed upon in the original or 
 by a supplemental contract executed by the commission ; the 
 amount to be expended shall not exceed the original estimate, 
 unless such estimate shall have been duly amended by the com- 
 mission and, in the case of a county highway, submitted to the 
 board of supervisors for its approval. If a supplemental con- 
 tract be executed by the commission for the performance of work 
 or furnishing of material not provided for in the original con- 
 tract, the amount to be charged thereunder for any such work 
 
nt 
 
 o? material shall not exceed the rate for which similar work or 
 material was agreed to he performed or furnished under the 
 original bid upon which the contract was awarded. Such supple' 
 mental contract shall not be binding unless it be approved by the 
 commission in case of a state highway and in case of a county 
 highway, by the chairman of the board of supervisors and the 
 district or county superintendent. 
 
 Under an opinion of the Attorney-General under date of May 15, 1909, it was 
 held that supplemental contracts for the construction of any portion of 
 county highways must be submitted to the board of supervisors of the 
 county and that such contracts are not binding unless approved by the 
 chairman of the board. 
 
 Under an opinion of the Attorney-General under date of December 21, 
 1909, it was held that a supplemental contract is not binding except that 
 it be approved in the case of a county highway by the chairman of the 
 board of supervisors and the district or county superintendent. Should such 
 change involve an increased cost beyond that of the original estimate the 
 same must be approved by the board of supervisors after the amendment 
 of the estimate. 
 
 Rejection of bids by the State Engineer for construction or improvement of 
 the highways. Rept. of Atty.-Genl. (1908), 271. 
 
 The mere announcement by the Highway Commission that a bid will be 
 awarded to a certain person does not make a contract and said person cannot 
 hold the State for damages on account thereof. Rept. of Atty.-Genl., May 
 10, 1910. 
 
 The bond of a contractor should not be released where work upon his con- 
 tract has been suspended because of weather conditions, although ten per 
 cent, of the contract price ha?, been reserved by the State and the amount 
 of unperformed work will not exceed the ten per cent, reserved. Rept. of 
 Atty.-Genl., Dec. 11, 1909. 
 
 § 131. Award of contracts to board of supervisors or town board. 
 
 — A board of supervisors of a county, or a town board of a town, 
 in which any portion of a county highway is situated, may 
 present proposals and be awarded a contract for the construction 
 or improvement of such highway, as provided in this article, for 
 and on behalf of such county or town. If such contract be 
 awarded to a board of supervisors or a town board such board 
 shall, by resolution, designate some suitable person or persons 
 to carry into effect, on behalf of the town, such contract, and 
 transact all business in respect thereto as may be necessary. A 
 
222 
 
 member of the board of supervisors or town board at the time 
 such contract was awarded or such designation was made, or a 
 person who is a partner of, or a stockholder in the same corpora- 
 tion as that of such member, shall not be so designated. A 
 member of the board of supervisors or town board at the time 
 such designation was made, or a firm, corporation or association 
 of which he is a member or has an interest, shall not be directly 
 or indirectly interested in any such contract nor shall such mem- 
 ber, or such firm, corporation or association furnish materials or 
 perform labor or services, either directly or indirectly, under or 
 in connection with the performance of any of the work required 
 in accordance with such contract, nor shall such member, firm or 
 corporation or association, be paid for materials furnished or 
 services rendered in respect to such contract. The clerk of the 
 board of supervisors or the town clerk shall transmit a certified 
 copy of the resolution designating the person or persons to carry 
 into effect such contract to the commission prior to the awarding 
 of a contract to the board of supervisors or town board. The 
 person or persons so designated shall, before the contract is exe- 
 cuted, give an undertaking to the county or town, with sureties 
 to be approved by the commission and the board of supervisors or 
 town board, for an amount equal to the amount of the bid pre- 
 sented by the county or town. Such undertaking shall be condi- 
 tioned on the faithful performance of their duties in respect to 
 such contract and for the proper accounting, safe-keeping and 
 lawful disbursement of all moneys that may come into their 
 hands thereunder. Such undertaking shall be filed in the office 
 of the county or town clerk and a copy thereof shall be transmitted 
 to the commission. The person or persons so designated shall 
 thereupon be competent to receive all moneys payable under such 
 contract under the provisions of this article, and they shall ac- 
 count therefor to the county or town. The board of supervisors 
 or town board, after such contract is awarded, shall designate, 
 by resolution, a banking corporation or a trust company wherein 
 the moneys received under such contract shall be deposited. 
 Such bank or trust company shall, upon the request of the board 
 of supervisors or town board, make a statement of the money so 
 deposited. The commission shall, by rules and regulations, pre- 
 scribe the manner in which the moneys received under such con- 
 tract shall be expended and the forms of accounts to be kept by 
 the person or persons designated as above provided. Reports may 
 
22;j 
 
 be required by the commission from time to time from such per- 
 son or persons. 
 
 § 132. Suspension of work under contract; completion by com- 
 mission. — If the division engineer shall determine that the work 
 upon any contract for the construction or improvement of a state 
 or county highway is not being performed according to the con- 
 tract or for the best interests of the state, he shall so certify to 
 the commission and the commission may suspend or stop the work 
 under the contract while it is in progress, and shall thereupon 
 complete the work in such manner as will accord with the con- 
 tract specifications, and be for the best interests of the state, or 
 it may cancel the contract and readvertise and relet as provided 
 in section one hundred and thirty, and any excess in the cost of 
 completing the contract beyond the price for which it was origi- 
 nally awarded shall he charged to any* paid by the contractor fail- 
 ing to perform the work. Every contract for the construction or 
 improvement of a state or county highway shall reserve to the com- 
 mission the right to suspend or cancel the contract as above pro- 
 vided, and to complete the work thereunder or readvertise and 
 relet as the commission may determine. 
 
 § 133. Acceptance of state highway when completed. — Upon the 
 completion of a state highway or section thereof constructed or 
 improved under a contract let as provided in this article, the 
 division engineer together with the county or district superin- 
 tendent shall inspect the same and if it be completed as provided 
 in the contract, they shall thereupon report to the commission, 
 who shall, if it approve, notify the contractor of that fact and the 
 highway or section thereof so constructed or improved shall be 
 deemed to have been accepted by the state. 
 
 § 134. Acceptance of county highway. — Upon the completion 
 of a county highway or section thereof, constructed or improved 
 under a contract let as provided in this article, the commission 
 shall inform the district or county superintendent and the board 
 of supervisors of the county in which such highway or section 
 thereof is located in writing, that it will accept the work on behalf 
 of the state and county within twenty days from the date of such 
 notice, unless protest shall he filed with him* in writing by the dis- 
 trict or county superintendent or by the chairman of the board of 
 supervisors. In case a protest is filed the commission shall hear 
 the same and if it is sustained it shall delay the acceptance of 
 
 * So in original. 
 
224 
 
 the highway or section thereof until it he properly completed. 
 Upon the proper completion of such highway or section thereof 
 and after filing the notice above given it shall be deemed to 
 have been accepted by the board of supervisors of such county 
 and thereafter it shall be maintained as provided in this chapter. 
 
 § 135. Entry upon adjacent lands for drainage purposes. — Lands 
 adjacent to a state or county highway may be entered upon and 
 occupied for the purpose of opening or constructing a drain or 
 ditch so as to properly drain such highway: 
 
 1. By a contractor, or any of his agents or employees, when 
 directed by the commission, during the construction or improve- 
 ment of such highway. 
 
 2. By the commission or its duly authorized officers, agents or 
 employees, at any time, for the purpose of making surveys for 
 such drain or ditch. 
 
 3. By the commission, or its duly authorized officers, agents or 
 employees, or by a county, district or town superintendent, when 
 directed by the commission, after the completion and acceptance 
 of the highway for the purpose of opening, constructing or main- 
 taining ditches or drains upon such lands, necessary for the proper 
 maintenance of such highway. 
 
 By an opinion of the Attorney-General under date of April 9, 1909, it was 
 held that in the majority of cases condemnation proceedings should be insti- 
 tuted previous to entry in case of failure to agree upon damages with the 
 owner. The opinion says in part: “While I am inclined to the opinion from 
 the language above used (section 136) and the heading of this section that 
 the Commission has the power to enter upon such lands before instituting 
 condemnation proceedings, yet the safer course would be, in view of the fact 
 that the language is not entirely clear, to start condemnation proceedings 
 first in case a reasonable agreement cannot be made with the owner of the 
 land. These proceedings, under the code, allow an entry to be made, under 
 certain conditions, very shortly after the commencement of the proceedings 
 and I therefore advise that unless an emergency exists which would endanger 
 the safety of the highway, this course is the safer one to pursue.” 
 
 § 136. Damages for entry. — The commission may agree with 
 the owner of lands entered upon and occupied as provided in the 
 preceding section for the payment of damages caused by such 
 entry, or if unable to so agree the right to enter and occupy such 
 lands may be acquired and the damages therefor shall be ascer- 
 tained as provided in the condemnation law. Such damages 
 shall, in the case of a state highway, be paid out of moneys avail- 
 able for the construction or improvement of such highway, and in 
 
225 
 
 the case of a county highway shall he a county charge and paid 
 in the same manner as other county charges. 
 
 § 137. State and county highways in villages and cities of the 
 third class. — A State highway may be constructed through a city 
 of the third class or a village and a county highway may be con- 
 structed through a village in the same manner as outside thereof, 
 unless the street through which it runs has, in the opinion of the 
 commission, been so improved or paved as to form a continuous 
 and improved highway of sufficient permanence as not to warrant 
 its reconstruction, in which case such highway shall be constructed 
 or improved to the place where such paved or improved street 
 begins. If it is desired to construct or improve any portion of a 
 state or county highway within such village at a width greater 
 than that provided for in the plans and specifications therefor, or 
 if a modification of the plans and specifications is desired by which 
 the cost thereof is increased, the board of trustees of such village 
 shall petition the commission by resolution, to so modify such 
 plans and specifications as to provide for such construction. The 
 commission shall thereupon cause the plans, specifications and 
 estimate for such highway to be modified so as to provide for such 
 additional construction, and shall provide therefor in the contract. 
 Upon the completion of such state or county highway within 
 the village in accordance with such modified plans and specifi- 
 cations the commission shall notify the board of trustees as 
 provided in the case of a county highway. Such board may file 
 a written protest against the acceptance of such work with the 
 commission who shall examine in respect thereto, and if it is sus- 
 tained the commission shall delay the acceptance of the highway 
 within the village until it be properly completed. Upon the 
 proper completion thereof and the notification as above provided, 
 the commission shall certify to the board of trustees the cost of 
 such additional construction, and such board shall pay the same 
 out of moneys raised by tax or from the issue and sale of bonds 
 as provided in the village law. The provisions of the general 
 village law, special village charters and other general or special 
 laws relative to the pavement or improvement of streets and the 
 assessment and payment of the cost thereof shall apply, so far as 
 may be, to such additional construction and the assessment and 
 payment of the cost thereof. 
 
 Amended by L. 1910, ch. 233. 
 
 15 
 
226 
 
 § 138. Connecting highways in villages — The board of trustees 
 of a village may, by resolution, petition the commission for the 
 construction or improvement of a highway to connect streets or 
 highways within the village, which have been paved or improved, 
 with county highways which have been heretofore built under the 
 provisions of chapter one hundred and fifteen of the laws of eigh- 
 teen hundred and ninety-eight, and the acts amendatory thereof. 
 If in the judgment of the commission public convenience requires 
 the construction or improvement of such connecting highway, the 
 commission shall cause plans, specifications and estimates to be pre- 
 pared, and shall cause the same to be transmitted to the board of 
 supervisors of the county wherein such highway is situated, with 
 a written statement of their reason for providing for such con- 
 struction or improvement. A copy of such statement shall be filed 
 in the office of the county clerk of such county. The board of super- 
 visors shall thereupon adopt a resolution providing for such con- 
 struction or improvement as provided in this article. The payment 
 of the cost of such construction or improvement shall be provided 
 for in such resolution as in other cases, and such payment shall be 
 made in the same manner. A certified copy of such resolution shall 
 be filed in the office of the commission. The construction or im- 
 provement of such connecting highway shall then be taken up in the 
 order and manner provided in this article for the construction or 
 improvement of county highways. If it is desired to construct or 
 improve any portion of such a connecting highway at a width 
 greater than that provided for in the plans and specifications there- 
 for, or if a modification of such plans and specifications is desired 
 by which the cost thereof will be increased, the board of trustees of 
 the village shall proceed as in the preceding section to secure such a 
 modification of the plans and specifications as will provide for such 
 desired construction. The provisions of the preceding section shall 
 apply in like manner to the connecting highway to be constructed 
 or improved as provided in this section. 
 
 § 139. Resolution to provide for raising money. — The resolution 
 of the board of supervisors providing for the construction or im- 
 provement of a county highway or section thereof shall appro- 
 priate and make immediately available to the requisition of the 
 commission an amount sufficient to pay the share of the cost of 
 such construction or improvement which is to be borne by the 
 county and town or towns within which such highway or section 
 thereof is located. 
 
 Amended by L. 1910, ch. 247. 
 
227 
 
 § 140. Modifying method of payment. — If a resolution has been 
 
 heretofore adopted by a board of supervisors requesting the state 
 to pay the entire cost of the construction or improvement of a 
 county highway in the first instance and that the state charge the 
 county and town or towns annually with their share of the interest 
 and sinking fund, as provided in chapter four hundred and sixty- 
 nine of the laws of nineteen hundred and six, and the acts 
 amendatory thereof, such board of supervisors may adopt a reso- 
 lution rescinding such prior resolution and appropriating and 
 making immediately available an amount sufficient to pay the 
 share of the cost of the construction or improvement of such 
 highway. The clerk of the board of supervisors shall transmit 
 certified copies of such resolution to the commission and the state 
 comptroller. If such prior resolution shall not be so rescinded it 
 shall have the same force and effect which it had prior to the 
 amendment of this section. The adoption of a resolution modi- 
 fying the method of payment of the share of the county and town 
 or towns shall not affect or change the date of the filing of the 
 original resolution providing for the construction or improvement 
 of such highway nor alter in any way the order of construction 
 determined by the date of the filing of the original resolution. 
 
 Amended by L. 1910, ch. 247. 
 
 § 141. Division of cost of county highways; payments by county 
 treasurer. — Whenever the construction or improvement of a county 
 highway or section thereof under a contract shall be completed 
 and final payment therefor shall have been made the commission 
 shall prepare a statement of the cost of such construction or im- 
 provement, including engineering expenses, inspection and all 
 charges and expenses properly chargeable thereto, showing in de- 
 tail the date of each payment, and the purpose and amount of such 
 payment. Such payments shall be grouped as far as practicable 
 by dates and the total thus obtained shall be deemed the cost of 
 such construction or improvement, and a certified copy of said 
 statement shall be filed by the commission in the office of the comp- 
 troller. If a county highway or section thereof so constructed 
 or improved shall be situate in two or more towns or in two or 
 more counties, the commission shall apportion such expense to 
 such towns and counties according to the cost of such construction 
 or improvement in each of such towns or counties. Such state- 
 ment when audited and approved by the comptroller shall be filed 
 in his office and shall be final, and a duplicate thereof shall be 
 
228 
 
 filed with the county treasurer of each county wherein the high- 
 way or section thereof has been improved. If the board of super- 
 visors of any county shall have theretofore provided funds to pay 
 two per centum of the cost of such county highway as thus deter- 
 mined, for each one thousand dollars of assessed valuation of real 
 and personal property liable to taxation in said county for each 
 mile of public highway within such county to he ascertained and 
 determined by dividing the total assessed valuation of taxable 
 property in said county as equalized for state purposes by the 
 total mileage of highways in said county, exclusive of the streets 
 and highways within any incorporated city or village in said 
 county, and if the board of supervisors of any county shall have 
 theretofore provided funds to pay, on behalf of any town, one 
 per centum of the cost of such improved highway as thus deter- 
 mined, for each one thousand dollars of assessed valuation of real 
 or personal property liable to taxation in said town for each 
 mile of public highway within said town to be ascertained and 
 determined by adding to or deducting from the total assessed 
 value of taxable property in said town as equalized for county 
 purposes, the percentage of value, if any, added or deducted by 
 the state board of equalization to equalize between counties for 
 state purposes, and dividing the sum thus obtained by the total 
 mileage of public highways in said town, exclusive of the streets 
 and highways within any incorporated city or village in said town, 
 but not exceeding thirty-five per centum of the cost for the county 
 and fifteen per centum of the cost for the town or towns, as 
 shown by such statement, it shall be the duty of the county treas- 
 urer to pay the amount thereof upon the requisition of the com- 
 mission and thereafter the county and town shall be deemed to 
 be fully discharged of its obligation to the state on account of the 
 construction or improvement of such county highway, except the 
 obligation to pay their proportionate amount of the state tax for 
 the state’s share of the cost of construction. At least ten days 
 notice shall be given by the commission to the county treasurer 
 prior to the making of such a requisition. A copy of each con- 
 tract providing for the construction or improvement of a county 
 highway, and the plans and specifications therefor, together with 
 copies of certificates showing the progress of the work, upon which 
 requisitions are drawn, shall be filed with the county treasurer. 
 The mileage of highways to be used in determining the amounts 
 to be charged to a county or town under this section shall be the 
 
229 
 
 tables of mileage formerly prepared by the state engineer until 
 the tables as provided in this chapter are filed. 
 
 § 142. County or town may borrow money. — Whenever the board 
 of supervisors shall have, by resolution, appropriated and made 
 immediately available to the requisition of the commission an 
 amount sufficient to pay the share of the cost of such construction 
 or improvement which is to be borne by the county and town or 
 towns within which such highway or section thereof is located, 
 such amount so appropriated shall be a county charge in the first 
 instance and shall be paid by the county treasurer of the county 
 in which such highway or section thereof is located, upon the 
 requisition of the commission. If there are not sufficient funds 
 in the county treasury to pay such share of the county and town 
 or towns of the cost of construction of such improvement so appro- 
 priated and made available, the county treasurer is authorized 
 to borrow a sufficient amount to pay such share in anticipation of 
 taxes to be collected therefor, or the issuance of bonds as herein- 
 after provided, and to pledge the faith and credit of the county 
 for the payment of the amount when due, with interest. The 
 board of supervisors may, by resolution, authorize the issuance 
 and sale of bonds of the county to an amount not exceeding the 
 share of the county as apportioned by the commission, or if such 
 apportionment has not been made, to an amount not exceeding 
 thirty-five per centum of the estimated cost of the construction 
 or improvement of such county highway as shown by the estimate 
 approved by the board of supervisors pursuant to section one 
 hundred and twenty-eight of this chapter, and apply the proceeds 
 of such bonds to the payment of the share of the cost of the con- 
 struction of such highway to be borne by the county, appropriated 
 and made immediately available as aforesaid or to the payment 
 and redemption of any certificates of indebtedness issued as above 
 provided. Said bonds shall be payable not more than thirty years 
 from their date. The board of supervisors may, by resolution, 
 authorize the issuance and sale of bonds of the county to an amount 
 not exceeding the share of the town or towns as apportioned by the 
 commission, or, if such apportionment has not been made, to an 
 amount not exceeding fifteen per centum of the estimated cost 
 of the construction or improvement of such county highway, as 
 shown by the estimate approved by the board of supervisors pur- 
 suant to section one hundred and twenty-eight of this chapter, and 
 apply the proceeds of such bonds to the payment of the share of 
 the cost of the construction of such highway to be borne by the 
 
230 
 
 town or towns appropriated and made immediately available as 
 aforesaid or to the payment and redemption of any certificates of 
 indebtedness issued as above provided. Said bonds shall be pay- 
 able not more than five years from their date. It shall be the duty 
 of the board of supervisors to provide for the assessment, levy and 
 collection of annual taxes sufficient to pay the principal and inter- 
 est of said bonds, as the same shall become due. Upon the petition 
 of the town board of any town, the board of supervisors of the 
 county may, by resolution, authorize the town to borrow a suf- 
 ficient sum to pay the share of the cost of the construction or 
 improvement of a county highway which is to be borne by the 
 town as apportioned by the commission and to issue and sell town 
 bonds therefor. Such bonds shall be payable not more than thirty 
 years from their date, be sold by the supervisor for not less than 
 par and the proceeds thereof shall be paid into the county treasury 
 to be applied in payment of the share of such cost which is to be 
 borne by such town and the redemption of any bonds or certificates 
 of indebtedness issued by the county to pay such share. The board 
 of supervisors shall, from time to time, impose upon the taxable 
 property of the town a tax sufficient to pay the principal and inter- 
 est of such bonds as the same shall become due. The board of 
 supervisors shall provide for the assessment, levy and collection 
 by tax of all or any part of the share of the cost of such improve- 
 ment apportioned to the county which has not been provided for by 
 the issuance of county bonds as a county charge and shall also 
 provide for the assessment, levy and collection by tax of all or 
 any part of the share or shares of the town or towns which has 
 not been provided for by the issuance of town bonds as a town 
 charge. 
 
 Amended by L. 1909. ch. 4S'6, and L. 1910, ch. 580. 
 
 By an opinion of the Attorney -General under date of March 11, 1909, it 
 was held that while there seems to be a plain authority in this section 
 allowing a county treasurer to borrow temporarily in anticipation of taxes 
 and to pledge the faith and credit of the county for the payment of the 
 amount, the right of the board to issue bonds for such highway purposes is 
 extremely doubtful, and the action of the board of supervisors in issuing 
 bonds under the county law for highway purposes would be invalid. 
 
 § 143. Payments from state treasury. 
 
 Repealed by L. 1910, ch. 24'7. 
 
 § 144. Payment of cost of state highway. — The entire expense 
 of the construction or improvement of a state highway shall 
 be paid by the state treasurer upon the warrant of the comp- 
 
231 
 
 troller issued upon the requisition of the commission out of any 
 specific appropriation made available for the construction or 
 improvement of state highways. 
 
 § 145. Abolition of railroad grade crossings. — The commission 
 shall provide for and cause the abolition of railroad grade cross- 
 ings on a state or county highway whenever practicable, in the 
 manner provided by the railroad law. The portion of the cost 
 of abolishing such grade crossings, which is payable under the 
 railroad law by the state and town or village, shall be paid out of 
 the funds available for the construction or improvement of such 
 state or county highway as provided in this article. 
 
 The rights of a railroad company are taken and held subject always to 
 the right of the proper public authorities to improve the highway as the 
 public interest requires; also subject to the liability of being required to 
 change its location, grade, etc., to conform to the requirements of such 
 public improvement of the surface of the highway, at its own expense, with- 
 out recourse in the way of damages against those lawfully engaged in 
 improving the highway for any injury which may be done to the railroad 
 property, when no reckless, wanton or negligent act on the part of those 
 improving the highway caused the damage. Such changes and consequent 
 injury to the plaintiff’s property cannot be deemed the taking of private 
 property for a public use. M. F. C. & H. P. R. Co. v. Spuyten Duyvil Co., 
 65 Misc. 367 (1909), 121 N. Y. Supp. 656. 
 
 § 146. Street surface railroads on highways. — No street surface 
 railroad shall be constructed upon any portion of a state or county 
 highway which has been or may be improved under the provisions 
 of this article, nor shall any person, firm or corporation enter 
 upon or construct any works in or upon any such highway, ex- 
 cept upon the approval of, and under such conditions and regu- 
 lations as may be prescribed by the commission, notwithstanding 
 any consent or franchise granted by the town superintendent or 
 municipal authorities of any town. Any person, firm or cor- 
 poration violating this section shall be liable to a fine of one 
 thousand dollars for each day of such violation, to be recovered 
 by the commission and paid to the state treasurer to the 
 credit of the fund for the maintenance and repair of state and 
 county highways, and may also be removed therefrom as a tres- 
 passer by the commission upon petition to the county court of the 
 county or the supreme court of the state. 
 
 By an opinion of the Attorney-General under date of June 17, 1909, it 
 was held that a street railway company cannot be compelled by the 
 Highway Commission to change the grade of its tracks; the Public Service 
 Commission has authority in questions of this character. 
 
232 
 
 By an opinion of the Attorney-General under date of June 30, 1909, it 
 was held that an electric railway has no claim for damages against the 
 State, county or town which may be sustained by it on account of any 
 change made by the Highway Commission in the roadbed along a trolley 
 line, the purpose of the commission being solely the improvement of the 
 highway and not to oust the trolley company from its use thereof. 
 
 By an opinion of the Attorney-General February 20, 1909, it was held 
 that the Highway Commission has the power under the provisions of this 
 section to make rules and regulations or prescribe such conditions as it may 
 deem wise regarding telephone and telegraph companies. 
 
 § 147. Where cost is assessable against abutting owners. — If 
 
 fifteen per centum of the cost of constructing or improving a 
 highway has been or may be assessed upon abutting owners, as 
 authorized by section ten of chapter one hundred and fifteen of 
 the laws of eighteen hundred and ninety-eight, as the same ex- 
 isted prior to its repeal by chapter four hundred and sixty-eight 
 of the laws of nineteen hundred and six, such highway shall be 
 constructed or improved at the joint expense of the state, county 
 and town as provided herein, and the portion of the cost so 
 assessable upon such owners, shall be paid by the town in which 
 such highway is located, as provided in this article. 
 
 § 148. Acquisition of lands for right of way and other purposes. 
 — If a state or county highway, proposed to be constructed or 
 improved as provided in this article, shall deviate from the line 
 of a highway already existing, the board of supervisors of the 
 county where such highway is located, shall acquire land for the 
 requisite right of way prior to the actual commencement of the 
 work of construction. The board of supervisors may also acquire 
 lands for the purpose of obtaining gravel, stone or other material, 
 when required for the construction, improvement or maintenance 
 of highways, or for spoil banks together with a right of way 
 to such spoil banks and to any bed, pit, quarry, or other place 
 where such gravel, stone or other material may be located. 
 
 § 149. Purchase of lands. — The board of supervisors may, by 
 resolution, authorize its chairman, a member, or a committee to 
 purchase the lands to be acquired for the purposes specified in 
 the preceding section. But the amount to be paid under this 
 section to a single owner shall not exceed the sum of two hundred 
 dollars, unless approved by the county judge and county treas- 
 urer, and in no case shall such amount exceed the sum of one 
 thousand dollars. The purchase price of such lands shall be a 
 county charge, and shall be paid in the same manner as awards 
 
233 
 
 are paid in cases where the proceeding's are taken as herein re* 
 quired. 
 
 § 150. Petition to acquire lands. — If the board of supervisors 
 is unable to acquire lands by purchase as provided for in the last 
 section, the board may present to the county court of the county 
 or to the supreme court, at a special term thereof, to be held in 
 the judicial department in which said county is located, a petition 
 for the appointment of three commissioners of appraisal to ascer- 
 tain and determine the compensation to be paid to the owners 
 of the land to be acquired and to all persons interested therein. 
 Such petition shall describe the land to be acquired with a refer- 
 ence to the map upon which the same is shown which shall be 
 annexed to such petition. A copy of such map shall be filed in 
 the office of the county clerk. Such petition shall be signed and 
 verified in the name of the board of supervisors, by the chairman 
 or a member thereof designated for that purpose by resolution. 
 Notice of presentation of such petition to such court shall be 
 given by the petitioner by publishing such notice in two news- 
 papers published in such county, once in each week for two weeks 
 successively preceding the day of such presentation, and also by 
 posting a copy of said notice in not less than three public places 
 in each town in which property to be acquired is located, at least 
 eight days preceding the day of such presentation. 
 
 § 151. Commissioners to be appointed. — Upon such presentation, 
 such court shall, after hearing any person owning or claiming 
 an interest in the lands to be acquired who may appear, ap- 
 point three disinterested persons as commissioners. And in case 
 a commissioner shall at any time decline to serve, or shall die, or 
 for any cause become disqualified or disabled from serving as 
 such, the said court, at a similar special term, may, upon similar 
 notice, application and hearing, and upon such notice to the land 
 owners as the court may prescribe, appoint another person, simil- 
 arly qualified, to fill the vacancy caused thereby. 
 
 § 152. Duties of commissioners. — The said commissioners shall 
 take the oath of office prescribed by the constitution, which oath 
 shall be filed in the office of the county clerk of the county. The 
 commissioners shall, with all reasonable diligence, proceed to ex- 
 amine such highways and lands to be acquired and may enter 
 upon such lands for such purpose. Said commissioners shall 
 cause a notice to be published in two such newspapers as afore- 
 said, once each week for two weeks successively next preceding 
 
234 
 
 the day of meeting mentioned in such notice, that at a stated 
 time and place within such county they will meet for the pur- 
 pose of hearing the parties claiming an interest in the damages 
 to be awarded for the lands to he taken for such highways. Said 
 notice shall also state the fact that a map or maps showing the 
 land to he acquired has been filed in the county clerk’s office. At 
 the time and place of said meeting and at any adjournment 
 thereof which said commissioners shall publicly make, they shall 
 hear the proofs and allegations of all interested parties. They 
 may adjourn the proceedings before them from time to time, issue 
 subpoenas or administer oaths in such proceedings; and shall 
 keep minutes of their proceedings and reduce to writing all oral 
 evidence given before them. They shall thereafter make and sign 
 a report in writing, in which they shall assess, allow and state 
 the amount of damages to be sustained by the owners of the sev- 
 eral lots, pieces or parcels of land to be taken for the purposes 
 aforesaid. Such report shall contain the names of the owners 
 of any parcel of land to be acquired as aforesaid, except that in 
 case the commissioners are unable to ascertain the names of such 
 owners, they may in place of the names of such undiscovered 
 parties insert the words “ unknown owners,” in their report. The 
 said commissioners shall file their said report, together with the 
 minutes of their proceedings, in the office of county clerk of such 
 county. After said report shall have been completed and filed 
 as aforesaid, the commissioners shall, after publishing a notice 
 in like manner as that provided in section one hundred and fifty- 
 two, apply to the county court of the county or to the supreme 
 court, at a special term thereof to be held in the judicial depart- 
 ment in which said county is located, to have the said report 
 confirmed. If no sufficient reason to the contrary shall appear, 
 the court shall confirm said report. Otherwise it may refer the 
 same back to the said commissioners for revision or correction; 
 and after such revision or correction the same proceedings shall 
 be taken as are hereinbefore provided for, and the commissioners 
 shall in the same manner make renewed application for the con- 
 firmation of such report, and the court shall thereupon confirm 
 or refer back the said report, and such proceedings shall be re- 
 peated until a report shall be presented which shall be confirmed 
 by the said court. 
 
 § 153. County treasurer to pay awards. — Within six months 
 after the report of said commissioners shall be confirmed as afore- 
 
235 
 
 said, tke county treasurer of such county shall pay to the persons 
 named therein the amounts awarded to them for damages with six 
 per centum interest thereon from the day of the confirmation of 
 said report. Such amounts with interest and the amounts paid in 
 pursuance of this article shall be a county charge and shall be paid 
 by the county treasurer, in case of purchase upon requisition of 
 the chairman of the board of supervisors of said county, or by any 
 member or committee thereof designated for that purpose by said 
 board and in case of a petition for the acquisition of such lands, 
 upon service of a certified copy of the order confirming such 
 awards. In case there are unknown owners, to whom the award 
 is made in said report, the said county treasurer shall deposit the 
 amounts awarded to them with like interest in some trust company 
 or bank in such manner as the said court shall in the order of con- 
 firmation direct, such amount to be paid out upon the application 
 of said unknown owners when discovered. From the date of the 
 confirmation of such report by the order of the said court the title 
 of all lands therein designated shall vest in said county for the 
 purposes of a highway forever. 
 
 § 154. Costs; commissioners’ fees. — In all cases of assessment 
 of damages by commissioners appointed by the court, the costs 
 thereof shall be a county charge in the first instance, and be paid 
 by the county treasurer as hereinbefore provided, except when 
 reassessment of damages shall be had on the application of the 
 party for 'whom damages were assessed, and such damages shall 
 not be increased on such reassessment, the costs shall be paid 
 by the party applying for the reassessment, and when applica- 
 tion shall be made by two or more persons for reassessment of 
 damages all persons who may be liable for costs under this sec- 
 tion shall be liable in proportion to the amount of damages re- 
 spectively assessed to them by the first assessment, and may be 
 recovered by action. Each commissioner appointed by the court 
 as provided in this article for each full day necessarily employed 
 as such, shall be entitled to the sum of six dollars and his neces- 
 sary expenses. The amount of compensation to which such com- 
 missioners are entitled shall be determined by the court in which 
 the proceeding is pending, upon verified accounts presented by 
 such commissioners, stating in detail the number of hours neces- 
 sarily employed in the discharge of their duties, and the nature 
 of the services rendered. The audit and determination of the 
 courts as to the amount justly due shall be final. 
 
236 
 
 § 155. Land may be sold or leased; disposition of proceeds. — Any 
 
 lands acquired by purchase or condemnation, for the purpose of 
 obtaining gravel, stone or other materials, for the construction or 
 maintenance of highways improved or constructed as provided in 
 this article, or required for spoil banks, may be sold or leased by 
 the board of supervisors of any county, when no longer needed for 
 any such purpose. The proceeds thereof shall be paid into the 
 county treasury and shall be retained therein as a separate fund 
 available for the construction or maintenance of highways im- 
 proved or constructed under this article. 
 
 § 156. Application of provisions of labor law. — The provisions 
 of section three of the labor law, as amended by chapter five hun- 
 dred and six of the laws of nineteen hundred and six, which except 
 from the provisions of that section labor performed in the con- 
 struction, maintenance and repair of highways outside the limits 
 of cities and villages, shall apply to the construction, improvement 
 and maintenance of state and. county highways as provided in this 
 chapter. 
 
 § 157. Highways and bridges on Indian reservations. — When any 
 portion of a county highway designated for improvement or con- 
 struction in a county, as provided in this article, is located on an 
 Indian reservation, the entire cost of the improvement or construc- 
 tion of such portion shall be paid by the state in the same manner 
 as the state’s share of the cost of such county highway, out of any 
 specific appropriation made available for the construction or im- 
 provement of* county highways. The commission shall have ex- 
 clusive supervision and control of all bridges constructed or to be 
 constructed by the state on any Indian reservation, and may make 
 and enforce such reasonable rules and regulations concerning their 
 use, as it shall deem necessary. 
 
 § 158. Appointment of reservation superintendent. — The com- 
 mission may appoint a reservation superintendent for the Indian 
 reservation in each county containing such Indian reservation 
 who shall exercise the powers and perform the duties hereby con- 
 ferred and imposed upon town superintendents, except that the 
 written statement as provided for by section ninety of the high- 
 way law shall be filed with the commission on or before the thirty- 
 first day of October in each year, and excepting that all orders of 
 the Indian reservation superintendents shall be drawn upon and 
 presented to the county treasurer of the county in which such 
 Indian reservation exists for payment as hereinafter provided. 
 
 Added by L. 1910, ch. 46. 
 
237 
 
 § 159. Custody of moneys, et cetera. — There shall he paid by the 
 state treasurer to the county treasurer of each county in the state 
 containing an Indian reservation or reservations an amount which 
 shall not be less than thirty dollars per mile, based on the entire 
 mileage of the public highways within the Indian reservation in 
 such county. All moneys of the state available for the improve- 
 ment, repair and maintenance of highways and bridges and for 
 the purchase of machinery, tools and implements within Indian 
 reservations shall be paid to the county treasurer of each county 
 containing such Indian reservation who shall be the custodian 
 thereof and accountable therefor, and it shall be expended for the 
 repair and improvement of the public highways and bridges and 
 for the purchase of machinery, tools and implements within such 
 Indian reservations at such places and in such manner as may be 
 directed by the commission, and such moneys shall be paid out by 
 the county treasurer upon the written order of the Indian reser- 
 vation superintendent in accordance with such directions. The 
 county treasurer and the Indian reservation superintendent shall 
 keep their accounts according to the methods and use the blanks 
 as prescribed by the commission. All orders and records of ac- 
 counts shall be filed in the office of the commission on or before 
 the thirty-first day of October in each year and shall be preserved 
 by the commission as Indian reservation records- The reserva- 
 tion superintendent shall receive a per diem or annual allowance 
 as compensation for services and expenses in an amount to be 
 fixed by the commission, which shall be paid by the county treas- 
 urer to the reservation superintendent upon orders of the commis- 
 sion. The commission shall annually cause to be inspected all of 
 the bridges within Indian reservations of each county and shall 
 require a complete report of such inspection which shall show in 
 detail the condition of the bridges inspected, the necessary work 
 to be performed in the repair and maintenance of such bridges 
 and the estimated cost thereof. The commission shall revise such 
 estimates and annually report to the legislature its estimated cost 
 for such repairs and construction for the ensuing year in detail 
 by reservation and county. The maintenance, repair and con- 
 struction of the public highways within the Indian reservations 
 shall be under the direct supervision and control of the commis- 
 sion and they shall be responsible therefor. There shall be annu- 
 ally appropriated for the construction, repair and maintenance 
 of such highways and bridges and for the purchase and repair 
 
£38 
 
 of machinery, tools and implements, an amount sufficient to pro- 
 vide therefor, based upon the estimates prepared and submitted 
 by the commission to the legislature. The comptroller upon 
 requisition of the commission shall draw his warrant on the state 
 treasurer in favor of the county treasurer in which such highways 
 or bridges are located, or in which machinery, tools or implements 
 are to be purchased, for an amount which shall not be in excess 
 of the total amount apportioned by the commision to the Indian 
 reservation of any county. The moneys so paid shall be depos- 
 ited by the county treasurer of the county to the credit of the fund 
 for the maintenance, repair and contruction of highways and 
 bridges and the purchase and repair of machinery, tools and im- 
 plements in the Indian reservation of said county. 
 
 Added by L. 1910, ch. 46. 
 
 AETICLE VII. 
 
 Maintenance of State and County Highways. 
 
 Section 170. Commission to provide for maintenance and repair. 
 
 171. Appropriations by state; apportionment of moneys. 
 
 172. Cost to town for maintenance of state and county highways. 
 
 173. Disbursement of maintenance funds. 
 
 174. Reports of county treasurer. 
 
 175. Compensation of town superintendents. 
 
 176. Liability of state for damages. 
 
 177. Maintenance of state and county highways in villages. 
 
 178. State to share expense of maintaining certain country roads. 
 
 179. Sprinkling; removal of filth and refuse. 
 
 § 170. Commission to provide for maintenance and repair. — The 
 
 maintenance and repair of state and county highways, exclusive 
 however of the cost of maintaining and repairing bridges having a 
 span of five feet or over, shall be under the direct supervision and 
 control of the commission and they shall be responsible therefor. 
 The commission shall have the power 
 
 1. To adopt proper rules and regulations therefor and the work 
 shall be performed by the town or the district or county superin- 
 tendents as therein provided and in case the commission is unable 
 to thus secure the proper performance of said work they shall have 
 the power to contract for any necessary repair and likewise to pro- 
 vide for the due supervision of said work. 
 
 2. To purchase materials for such maintenance and repair, and 
 contract for the delivery thereof at convenient intervals along such 
 highways. 
 
239 
 
 3. To provide for a system of patrol of such highways, or adopt 
 such other system as may seem expedient so that each section of 
 such highways shall he under constant observation, and he effect- 
 ively and economically preserved, maintained and repaired. 
 
 By an opinion of the Attorney-General under date of March 20, 1909, it 
 was held that this section taken in connection with section 130 shows very 
 plainly that the intention of the Legislature was to have the work upon 
 the State and county highways done by the town or county superintendent 
 under rules and regulations to be prescribed by the Commission, and that 
 if such work could not be satisfactorily done in that manner then the work 
 should be done by contract. 
 
 Authority of State Highway Commission to control motor vehicle races. 
 
 Where permission has been given by the proper local authorities for the run- 
 ning of a motor vehicle race under provisions of section 296, post, the State 
 Highway Commission is without authority to impose conditions additional 
 to those imposed by such local authorities. The consent of the State High- 
 way Commission has no right to promulgate a rule that before a motor 
 vehicle race is run the participants shall make a deposit with it of $200 per 
 mile for each mile of road to be raced over for each day of the race. Morrell 
 v. Skene, 64 Misc. 185 (1909), 119 N. Y. Supp. 28. 
 
 § 171. Appropriations by state; apportionment of moneys. — 
 
 There shall be annually appropriated for the maintenance and re- 
 pair of state and county highways an amount sufficient to pro- 
 vide therefor, based upon the estimates prepared and submitted 
 by the commission to the legislature as provided in section twenty- 
 one of this chapter. Not less than ninety per centum of the 
 amount so appropriated shall be apportioned by the commission 
 each year among the counties and the several towns therein in 
 accordance with the proportion which the amount to be apportioned 
 bears to the total amount of such estimates. The comptroller, upon 
 the requisition of the commission, shall draw his warrant upon the 
 state treasurer in favor of the county treasurer of the county in 
 which the state or county highways are located, for an amount 
 which shall not be in excess of the total amount apportioned by the 
 commission to all the towns in such county. The moneys so paid 
 shall be deposited by the county treasurer to the credit of the fund 
 for the maintenance of state and county highways in the several 
 towns of the county. Not more than ten per centum of the amount 
 so appropriated each year may be reserved by the commission for 
 the repair or rebuilding of a state or county highway which shall 
 at any time be damaged or destroyed by the elements or otherwise, 
 which shall be paid by the state treasurer upon the warrant of the 
 
240 
 
 comptroller drawn upon the requisition of the commission issued * 
 
 when required for such purposes. 
 
 § 172. Cost to town for maintenance of state and county high- 
 ways. — Each town shall pay for the maintenance and repair of 
 state and county highways each year the sum of fifty dollars for 
 each mile or major fraction of a mile of the total mileage of state 
 and county highways within the town. On or before the first day 
 of November in each year the commission shall transmit to the 
 clerk of the hoard of supervisors of each county, and to the county 
 clerk thereof, a statement specifying the number of miles of state 
 and county highways in each town in such county and the amount 
 which each of such towns is required to pay into the county treas- 
 ury on account of the maintenance of state and county highways. 
 
 The board of supervisors shall cause the amount to be paid by each 
 town of the county to be assessed, levied and collected therein in 
 the same manner as other town charges, and such amount when 
 collected shall be paid into the county treasury, to the credit of the 
 fund for the maintenance of state and county highways in the 
 several towns of the county. 
 
 By an opinion of the Attorney-General under date of October 29, 1909, 
 it was held that the city of Oneida may be required by the Highway Com- 
 mission to raise $50 per mile for highways improved by State aid within 
 the city limits, but outside the corporation tax district. 
 
 By an opinion of the Attorney-General under date of February 27, 1909, 
 it was held that in those towns where town boards of auditors are elected 
 the auditing of accounts against the town growing out of highway work 
 should be done by the town board of auditors. 
 
 By an opinion of the Attorney -General under date of April 22, 1909, it 
 was held that the Highway Commission may mandamus a board of super- 
 visors to compel it to raise money for the maintenance of county highways. 
 
 § 173. Disbursement of maintenance funds. — The amount appor- 
 tioned by the commission for the maintenance and repair of state 
 and county highways in each town together with the amount paid 
 by each town therefor shall be expended for the repair and main- 
 tenance of such highways in such town. The county treasurer shall 
 pay out the moneys received by him as provided in this article 
 upon the written order of the commission. Such order shall be 
 issued upon vouchers duly presented to the commission in the form 
 to be prescribed by them. The commission may adopt rules and 
 regulations providing for the presentation and payment of accounts 
 for maintenance and repair. 
 
 § 174. Reports of county treasurer. — The county treasurer shall 
 report to the commission monthly or oftener, if required by the 
 
241 
 
 commission, the amount received by him on account of the main- 
 tenance and repair of state and county highways in the several 
 towns in his county and the expenditures made by him out of such 
 moneys. The form and contents of such report shall be prescribed 
 by the commission. 
 
 § 175. Compensation of town superintendents. — If a town super- 
 intendent shall be directed by the commission to perform ser- 
 vices in respect to the maintenance and repair of state and county 
 highways within his town his compensation therefor shall be paid 
 out of the moneys set apart as provided in this article for such 
 maintenance and repair. Such compensation shall be fixed by 
 the commission but shall in no case exceed the amount fixed by 
 the town board as compensation for his services performed for the 
 town under this chapter, and in rendering his monthly bill to 
 the supervisor, and his annual bill to the town board, no charge 
 shall be made against the town for an expense or per diem charge 
 upon any date for which an audit shall have been allowed by 
 the state commission. And said state commission shall make 
 proper rules and regulations to carry into effect this provision 
 and to furnish to the town board prior to the annual audit day 
 due information as to the dates, compensation and expenses 
 allowed by them to said town superintendent from the state repair 
 fund. 
 
 § 176. Liability of state for damages. — The state shall not be 
 
 liable for damages suffered by any person from defects in state 
 and county highways, except such highways as are maintained by 
 the state by the patrol system, but the liability for such damages 
 shall otherwise remain as now provided by law, notwithstanding 
 the construction or improvement and maintenance of such high- 
 ways by the state under this chapter ; but nothing herein contained 
 shall be construed to impose on the state any liability for defects 
 in bridges over which the state has no control. 
 
 Amended by L. 1910, ch. 570. 
 
 § 177. Maintenance of state and county highways in villages. — 
 
 Any portion of a state or county highway constructed or improved 
 within the limits of an incorporated village, as provided in this 
 chapter, shall be maintained and kept in repair by the board of 
 trustees at the expense of the village in accordance with the rules 
 and regulations of the commission under the supervision and 
 direction of the district or county superintendent. 
 
 16 
 
242 
 
 § 178. State to share expense of maintaining county roads. — 
 
 Whenever any county has constructed, maintained or improved, 
 or shall hereafter construct, maintain or improve, under a general 
 or special law, a county road or roads, as defined in 
 subdivision three of section three, without expense to the 
 state, the state shall be liable to annually contribute 
 toward the expense of maintaining such road or roads 
 fifty per centum of the amount appropriated by such 
 county for the maintenance of such road or roads during the 
 preceding year, unless provision be otherwise made for such main- 
 tenance as provided in this section. The clerk of the board of 
 supervisors of a county entitled to a contribution from the state 
 toward the maintenance of its roads under this section shall 
 annually, on or before the first day of January, transmit to the 
 state comptroller a statement certified by him and signed and veri- 
 fied by the chairman of such board, stating the amount appro- 
 priated by the board of supervisors of such county for the main- 
 tenance of such county road or roads during the preceding year. 
 The comptroller shall draw his warrant upon the state treasurer 
 in favor of the treasurer of such county, for an amount equal to 
 fifty per centum of the amount so appropriated. Such money 
 shall be applicable to the repair and permanent improvement of 
 such county road or roads, and shall be expended in the same 
 manner as money appropriated by the county for such purpose. 
 The sum paid by the state to any county by virtue of this section 
 shall not exceed, in any one year, one-tenth of one per centum of 
 the taxable property of such county. 
 
 Amended by L. 1910, chs. 165 and 567. 
 
 By an opinion of the Attorney-General under date of April 28, 1909, it 
 was held that the Highway Commission should prescribe rules and regula- 
 tions for the improvement and repair of county roads; that they should 
 require a uniform system of accounting and see that all State money is 
 honestly and judiciously expended. 
 
 § 179. Sprinkling; removal of filth and refuse. — Upon petition 
 signed by a majority of the taxpayers owning property abutting 
 upon an improved state or county highway and filed with the 
 town clerk, the town board may set aside any section of such 
 highway outside of a village and contract for the sprinkling 
 of the roadbed with water and also contract for the removal of 
 filth and refuse therefrom. ~No such contract shall be entered 
 into unless previously approved by the county superintendent. 
 The amount of any such contract so entered into shall be assessed 
 
243 
 
 upon the property abutting upon such section in the proportion 
 which the frontage of each parcel thereof bears to the length of 
 the section exclusive of intersecting highways. Such assessment 
 shall be made, levied and collected in the same general manner, 
 and at the same time and by the same officers as the town taxes 
 of said town are assessed, levied and collected. 
 
 ARTICLE VIII. 
 
 Laying Out, Altering and Discontinuing Highways ; 
 Private Roads. 
 
 Section 190. Survey for the laying out of a highway. 
 
 191. Highways by dedication. 
 
 192. Application. 
 
 193. Application for condemnation commissioners. 
 
 194. Appointment of condemnation commissioners and their duties. 
 
 195. Notice of meeting. 
 
 196. Decision of condemnation commissioners in favor of application. 
 
 197. Damages in certain cases, how estimated. 
 
 198. Decision of condemnation commissioners denying application. 
 
 199. Motion to confirm, vacate or modify. 
 
 200. Limitations upon laying out highways. 
 
 201. Laying out highways through burying-grounds. 
 
 202. Costs, by whom paid. 
 
 203. Damages assessed and costs to be audited. 
 
 204. When officers of different towns disagree about highway. 
 
 205. Difference about improvements. 
 
 206. Highway in two or more towns. 
 
 207. Laying out, dividing and maintaining highway upon town line. 
 
 208. Final determination, how carried out. 
 
 209. Highways by use. 
 
 210. Fences to be removed. 
 
 211. Private road. 
 
 212. Jury to determine necessity and assess damages. 
 
 213. Copy application and notice delivered to applicant. 
 
 214. Copy and notice to be served. 
 
 215. List of jurors. 
 
 216. Names struck off. 
 
 217. Place of meeting. 
 
 218. Jury to determine and assess damages. 
 
 219. Their verdict. 
 
 220. Value of highway discontinued. 
 
 221. Papers to be recorded in town clerk’s office. 
 
 222. Damages to be paid before opening the road. 
 
 223. Fees of officers. 
 
 224. Motion to confirm, vacate or modify. 
 
 225. Costs of new hearing. 
 
 226. For what purpose private road to be used. 
 
244 
 
 Section 227. Highways or roads along division lines. 
 
 228. Adjournments. 
 
 229. Widening roads, petition. 
 
 230. Powers and duties of commissioners. 
 
 231. Notice of decision to supervisors. 
 
 232. Widening, how constructed. 
 
 233. Actions to compel widening, how affected by petition. 
 
 234. Highways abandoned. 
 
 235. Highways in lands acquired by the United States, for fortifi- 
 
 cation purposes, deemed abandoned. 
 
 236. Discontinuance of highway. 
 
 237. Description to be recorded. 
 
 238. Damages caused by discontinuance. 
 
 239. Papers, where filed. 
 
 240. Costs of motion. 
 
 § 190. Survey for the laying out of a highway. — Whenever the 
 town superintendent shall lay out any highway, either upon ap- 
 plication to him or otherwise, he shall notify the district or 
 county superintendent, whose duty it shall be to either make a 
 survey, or cause the same to be made, and the town superintendent 
 shall incorporate the survey in an order to be signed by him, and 
 to be filed and recorded in the. office of the town clerk, who shall 
 note the time of recording the same. 
 
 § 191. Highways by dedication. — Whenever land is dedicated 
 to a town for highway purposes therein, the town superintendent 
 may with the consent of the town board, either with or without 
 a written application therefor, and without expense to the town, 
 make an order laying out such highway, upon filing and recording 
 in the town clerk’s office with such order a release of the land 
 from the owner thereof. A highway so laid out must not be less 
 than two rods in width. Section two hundred does not apply to a 
 highway by dedication. Such town superintendent may also, upon 
 written application and with the written consent of the town 
 board, make an order laying out or altering a highway, or dis- 
 continuing a highway, which has become useless since it was laid 
 out, upon filing and recording in the town clerk’s office, with such 
 application, consent and order, a release from all damages from 
 the owners of lands taken or affected thereby, when the considera- 
 tion for such release, as agreed upon between such town super- 
 intendent, and owner or owners, shall not in any one case, from 
 any one claimant, exceed one hundred dollars, and from all 
 claimants five hundred dollars. An order of the town superin- 
 tendent, as herein provided, shall be final. 
 
245 
 
 § 192. Application. — Any person or corporation assessable for 
 highway taxes may make written application to the town superin- 
 tendent of the town in which he or it shall reside, or is assessable, 
 to alter or discontinue a highway, or to lay out a new highway. 
 
 § 193. Application for condemnation commissioners. — Whenever 
 the land is not dedicated to the town for highway purposes, and 
 not released as herein provided, the applicant shall, within thirty 
 days after presenting the application to the town superin- 
 tendent, and after at least five days’ notice to said town superin- 
 tendent of the time and place of the application to the county 
 court, in this section provided for, by verified petition showing the 
 applicant’s right to so present the same, and that such application 
 has been in good faith presented, and if the county judge require 
 on such notice to such parties interested as he shall direct, apply 
 to the county court of the county where such highway shall be, 
 for the appointment of three commissioners to determine upon 
 the necessity of such highway proposed to be laid out or altered, 
 or to the uselessness of the highway proposed to be discontinued 
 and to assess the damages by reason of laying out, opening, alter- 
 ing or discontinuing such highway. Such application shall be ac- 
 companied by the written undertaking of the applicant executed 
 by one or more sureties, approved by the county judge, to the 
 effect that if the commissioners appointed determine that the pro- 
 posed highway or alteration is not necessary or that the highway 
 proposed to be discontinued is not useless, the sureties will pay 
 to the commissioners their compensation at the rate of four dol- 
 lars for each day necessarily spent and all costs and expenses 
 necessarily incurred in the performance of their duties, which 
 amount shall not exceed the sum of one hundred dollars. When- 
 ever the town superintendent of highways of any township shall 
 determine that public necessity requires the laying out of a new or 
 additional highway, and the land therefor cannot be obtained by 
 the dedication of the owners thereof, he may apply to the town 
 board of his town for permission to institute a proceeding to aC’ 
 quire so much land as may be necessary to lay out such new or 
 additional highway, and when such consent shall have been given 
 by the town board of such town, the said town superintendent of 
 highways may apply to the county court of the county in which 
 such proposed highway is situated, for the appointment of com- 
 missioners in like manner as is provided by this section where 
 such application is made by any person or corporation assessable 
 for highway taxes, except that when such application shall be 
 
246 
 
 made by the town superintendent of highways, that at least five 
 days’ notice of the time and place of the application shall be given 
 to the owners of the lands sought to be acquired, providing such 
 owners can be ascertained by such town superintendent, or if the 
 owners thereof are not known to the town superintendent, by the 
 serving of a* copy of the notice of such application upon the occu- 
 pants of said premises. When such application is made by the 
 town superintendent of highways, no undertaking shall be re- 
 quired of the applicant. 
 
 Amended by L. 1910, ch. 344. 
 
 § 194. Appointment of condemnation commissioners, and their 
 duties — Upon the presentation of such petition, the county court 
 must appoint three disinterested freeholders, who shall not be 
 named by any person interested in the proceedings, who shall be 
 residents of the county, but not of the town wherein the highway 
 is located, and who shall not be related by consanguinity or 
 affinity within the sixth degree to the applicant or to any person 
 interested in the proceeding or to the owner of any lands to be 
 taken or affected by the laying out, alteration or discontinuance of 
 a highway, as commissioners to determine the questions mentioned 
 in the last section. They shall take the constitutional oath of 
 office, and appoint a time and place at which they shall all meet 
 to hear the town superintendent and supervisor of the town 
 where such highway is situated, and others interested therein. 
 They shall personally examine the highway described in the 
 application, hear any reasons that may be offered for or against 
 the laying out, altering or discontinuing of the highway, and 
 assess all damages by reason thereof. They may adjourn the pro- 
 ceedings before them from time to time, issue subpoenas and ad- 
 minister oaths in such proceedings, and they shall keep minutes 
 of their proceedings, and shall reduce to writing all oral evidence 
 given before them upon the subject of the assessment of damages. 
 They shall make duplicate certificates of their decision, and shall 
 file one in the town clerk’s office of the town, and the other, with 
 such minutes and evidence, in the county clerk’s office of the 
 county in which the highway or proposed highway is located. 
 
 § 195. Notice of meeting. — The applicant shall cause, at least 
 eight days previous, written or printed notice to be posted up in 
 not less than three public places in the town specifying, as near 
 as may be, the highway proposed to be laid out, altered or dis- 
 continued, the tracts or parcels of land through which it runs, 
 
247 
 
 and the time and place of the meeting of the commissioners ap- 
 pointed by the county court to examine the highway as mentioned 
 in the last section. Such notice shall also, in like time, be person- 
 ally served on the owner and occupant of the land, if they reside 
 in the town, or by leaving the same at their residence with a per- 
 son of mature age ; if they do not reside in the same town, or ser- 
 vice cannot be made, a copy of such notice shall be mailed to such 
 owner and occupant, if their post-office address is known to the 
 applicant or ascertainable by him upon reasonable inquiry. 
 
 § 196. Decision of condemnation commissioners in favor of appli- 
 cation. — If a majority of the commissioners appointed by the 
 county court shall determine that the highway or alteration ap- 
 plied for is necessary, or that the highway proposed to be dis- 
 continued is useless, they shall assess all damages which may be 
 required to be assessed by reason thereof and make duplicate cer- 
 tificates to that effect. If the petition is for the laying out of a 
 highway, the commissioners shall also include in their certificates 
 what the probable cost would be of laying out and completing the 
 proposed highway, in their opinion, based upon the evidence given 
 before them on the hearings. 
 
 § 197. Damages in certain cases; how estimated. — The owner of 
 lands within the bounds of a highway discontinued may enclose 
 the same and have the exclusive use thereof, and the benefits re- 
 sulting therefrom may be deducted in the assessment of damages 
 caused by the laying out of a highway through his other lands in 
 place of the discontinued highway. 
 
 § 198. Decision of condemnation commissioners denying appli- 
 cation — If a majority of the commissioners appointed by the 
 county court shall determine that the proposed highway or altera- 
 tion is not necessary, or that the highway proposed to be discon- 
 tinued is not useless, they shall make duplicate certificates to 
 that effect. The costs and expenses necessarily incurred by such 
 commissioners in the proceedings shall be indorsed upon such 
 duplicate certificates, and upon a confirmation of such decision 
 and of the amount of such costs and expenses by the county court, 
 such costs and expenses not exceeding one hundred dollars shall 
 be payable by the applicants. 
 
 § 199. Motion to confirm, vacate or modify. — Within thirty days 
 after the decision of the commissioners shall have been filed in 
 the town clerk’s office, any person interested in the proceeding 
 may apply to the court appointing the commissioners for an order 
 confirming, vacating or modifying their decision, and such court 
 
248 
 
 may confirm, vacate or modify such decision. If the decision he 
 vacated, the court may order another hearing of the matter before 
 the same or other commissioners. If no such motion is made, the 
 decision of the commissioners shall he deemed final. Such motion 
 shall he brought on upon the service of papers upon adverse par- 
 ties in the proceeding, according to the usual practice of the court 
 in actions and special proceedings, pending therein; and the de- 
 cision of the county court shall he final, excepting that a new hear- 
 ing may be ordered as herein provided, and excepting that any such 
 decision may he reviewed on appeal upon questions affecting 
 jurisdiction, and rulings and exceptions made and taken upon the 
 hearing before the commissioners. If the final decision be ad- 
 verse to the applicant, no other application for laying out, altering 
 or discontinuing the same highway shall be made within two years. 
 
 § 200. Limitations upon laying out highways. — Ho highways 
 shall be laid out less than three rods in width, nor through an 
 orchard of the growth of four years or more, or any garden culti- 
 vated as such for four years or more, or grape vineyards of one or 
 more years’ growth, and used in good faith for vineyard purposes, 
 or buildings or any fixtures or erections for the purposes of trade 
 or manufactures, or any yard or enclosure necessary to the use and 
 enjoyment thereof, without the consent of the owner or owners 
 thereof, unless so ordered by the county court of the county in 
 which the proposed highway is situated ; such order shall be made 
 on the certificate of the town superintendent of the town or towns 
 in which the proposed highway is situated, showing that the public 
 interest will be greatly promoted by the laying out and opening 
 of such highway, and that commissioners appointed by the court 
 have certified that it is necessary; a copy of the certificate with 
 eight days’ notice of the time and place of the hearing before the 
 county court shall be served on the owners of the land, or if they 
 are not residents of the county upon the occupants; the county 
 court upon such certificates, and the proofs and other proceedings 
 therein, may order the highway to be laid out and opened, if it 
 deems it necessary and proper. The town superintendent shall 
 then present the order of the county court, with the certificate and 
 proofs upon which it was granted, certified by such court, to the 
 appellate division of the supreme court in the judicial department 
 in which the land is situated upon the usual notice of motion, 
 served upon the owner or occupant, or the attorney who appeared 
 for them in the county court. If such appellate division of the 
 supreme court shall confirm the order of the county court, the 
 
249 
 
 town superintendent shall then lay out and open such highway 
 as in other cases. The provisions of this section shall not apply 
 to vineyards planted or to buildings, fixtures, erections, yards or 
 enclosures made or placed on such land after an application for 
 the laying out and opening the highway shall have been made. In 
 case the highway to be laid out shall constitute an extension or 
 continuation of a public highway already in use, and shall not, as 
 to such new portion, exceed half a mile in length, the town super- 
 intendent may lay out such extension or continuation of a width 
 of not less than three rods, provided, however, that it be not less 
 than the widest part of the highway of which it is an extension or 
 continuation. In such case the town superintendent shall specify 
 in his certificate the precise width of the new portion of such 
 highway, and shall certify that such width is as great at least as 
 the widest part of the highway of which it is a continuation or 
 extension. No highway shall be laid out which shall be identical 
 or substantially so with a highway previously discontinued or 
 abandoned for public purposes within seven years of such discon- 
 tinuance or abandonment, in counties adjoining cities with up- 
 ward of one million inhabitants. 
 
 § 201. laying out highways through burying-grounds. — No pri- 
 vate road or highway shall be laid out or constructed upon or 
 through any burying-ground, unless the remains therein contained 
 are first carefully removed, and properly reinterred in some other 
 burying-ground, at the expense of the persons desiring such road 
 or highway, and pursuant to an order of the county court of the 
 county in which the same is situated, obtained upon notice to such 
 persons as the court may direct. 
 
 § 202. Costs; by whom paid. — In all cases of assessments of 
 damages by commissioners appointed by the county court, the costs 
 thereof shall be paid by the town thereof, except that when reas- 
 sessment of damages shall be had on the application of the party 
 for whom the damages were assessed, and such damages shall not 
 be increased on such reassessment, the costs shall be paid by the 
 party applying for the reassessment; and when application shall 
 be made by two or more persons for the reassessment of damages, 
 all persons who may be liable for costs under this section shall be 
 liable in proportion to the amount of damages respectively as- 
 sessed to the first assessment, and may be recovered by action in 
 favor of any person entitled to the same. Each commissioner ap- 
 pointed by the court, for each day necessarily employed as such, 
 shall be entitled to four dollars and his necessary expenses. 
 
250 
 
 § 203. Damages assessed, and costs to be audited All damages * 
 
 to be agreed upon, or which may be finally assessed, and costs 
 against the town, as herein provided, shall be laid before the board 
 of town auditors, or in towns not having a board of town auditors, 
 before the town board, to be audited with the charges of the com- 
 missioners, justices, surveyors or other persons or officers em- 
 ployed in making the assessment, and for whose services the town 
 shall be liable, and the amount shall be placed upon the town ab- 
 stract and levied and collected in the town in which the highway 
 is situated, and the money so collected shall be paid to the super- 
 visor of such town, who shall pay to the owner the sum assessed 
 to him, and appropriate the residue to satisfy the charges afore- 
 said. 
 
 § 204. When officers of different towns disagree about highway. 
 
 — When the town superintendent of any town or officers of any 
 village or city having the powers of town superintendents shall 
 differ with the town superintendent or superintendents of any 
 other town or with the officers of such a village or city having the 
 powers of town superintendents in the same county, relating to the 
 laying out of a new highway or altering an old highway, extend- 
 ing into both towns, or a town and a village or city, or upon the 
 boundary line between such towns or such town and a village or 
 city, or when the town superintendent of a town in one county 
 shall differ with the town superintendent of a town or the officers 
 of a village or city having the powers of town superintendents in 
 another county, relating to the laying out of a new highway, or 
 the altering of the old highway, which shall extend into both 
 counties, or be upon the boundary line between such counties, the 
 town superintendents of both towns or the officers of the village or 
 city having such powers shall meet on a five days’ written notice, 
 specifying the time and place, within some one of such towns, vil- 
 lages or cities, given by either of such town superintendents, or 
 officers having powers of town superintendents, to make their de- 
 termination in writing, upon the subject of their differences. If 
 they cannot agree, they or either of them may certify the fact of 
 their disagreement to the county court of that county, if the pro- 
 posed highway is all in one county, or if in different counties, or 
 if the county judge is disqualified or unable to act, to the su- 
 preme court; such court shall thereupon appoint three commis- 
 sioners, freeholders of the county, not residents of the same town, 
 village or city, where the highway is located; or if between two 
 counties, then freeholders of another county, who shall take the 
 
251 
 
 constitutional oath of office, and upon due notice to all persons 
 interested view the proposed highway, or proposed alteration of a 
 highway, administer all necessary oaths, and take such evidence 
 as they deem proper, and shall decide all questions that shall arise 
 on the hearing, as to the laying out or altering of such highway, 
 its location, width, grade and character of roadbed, or any point 
 that may arise relating thereto; and if they decide to open or 
 alter any highway, they shall ascertain and appraise the dam- 
 ages, if any, to the individual owners and occupants of the land 
 through which such new or altered highway is proposed to pass, 
 and shall report such evidence and decision to such court, with 
 their assessment of damages, if any, with all convenient speed. 
 On the coming in of such report, the court may, by order, confirm, 
 modify or set aside the report in whole or in part and may order 
 a new appraisal by the same or by other commissioners, and shall 
 decide all questions that may arise before it. And all orders and 
 decisions in the matter shall be filed in the county clerk’s office 
 of each county where the highway is located, and shall be duly 
 recorded therein. This section shall not be so construed as to 
 compel any town or towns to construct, repair or maintain a 
 bridge upon a boundary between towns, where previous to May 
 seventh, nineteen hundred and three, an application had been 
 made to any court, to compel the construction, repair and mainte- 
 nance of a bridge upon such a boundary line, and such application 
 had been denied. 
 
 § 205. Difference about improvements. — When the town super- 
 intendent or the officers of a village or city having the powers of 
 town superintendents therein, shall desire to make a new or al- 
 tered highway extending beyond the bounds of such town, village 
 or city, a better highway than is usually made for a common high- 
 way, with a special grade or roadbed, drainage or improved plan, 
 and are willing to bear the whole or a part of the expense thereof 
 beyond such bounds, but cannot agree in regard to the same, upon 
 written application of either of the superintendents or officers and 
 notice to all parties interested, such court shall make an equitable 
 adjustment of the matters, and may direct that in consideration 
 of the payment of such portion of the additional expense by the 
 town, village or city that desires the improved and better highway, 
 as shall be equitable, its officers, contractors, servants and agents 
 may go into such town, village or city, and make the grade and 
 roadbed, and do whatever may be necessary and proper for the 
 completion of such better highway, advancing the money to do it ; 
 
252 
 
 the amount of damages to each owner or occupant shall be ascer- 
 tained and determined by commissioners, who shall be appointed, 
 and whose proceedings shall be conducted in the manner provided 
 by the last preceding section; and upon the coming in of their 
 report of damages, and of the expenses paid, such court shall, on 
 notice to all parties interested, direct that the amount of damages 
 assessed each owner or occupant, if any, and all such expenses be 
 paid by each, any or all of such towns, villages or cities as shall be 
 just and equitable, and the damages and expenses assessed and 
 allowed, as in this and the last preceding sections, shall be paid 
 and collected as if fixed by the town superintendents of the towns, 
 or the officers of such villages or cities having the powers of such 
 superintendents. Every commissioner appointed as herein pro- 
 vided shall be paid six dollars for each day actually and neces- 
 sarily employed in such service and necessary expenses. 
 
 § 206. Highway in two or more towns. — When application is 
 made to lay out, alter or discontinue a highway located in two 
 or more towns, all notices or proceedings required to be served 
 upon the town superintendents shall be served upon the town 
 superintendent of each town; and the commissioners appointed 
 by the court shall determine the amount of damages to be paid 
 by each town, and when the towns are in different counties, the 
 application for the appointment of commissioners shall be made 
 to a special term of the supreme court held in the district where 
 the highway or some part of it is located; and the same proceed- 
 ings shall thereafter be had in the supreme court of such district 
 as are authorized by this chapter to be had in the county court. 
 
 § 207. laying out, dividing and maintaining highway upon town 
 line. — An application to lay out a highway upon the line between 
 two or more towns shall be made to the town superintendents 
 of each town, who shall act together in the matter; and, upon 
 laying out any such highway, the expense of opening, working 
 and keeping the same in repair shall be borne equally by such 
 towns. The town superintendents shall cause a map and survey 
 of the highway to be recorded in the office of the town clerk in 
 each of the respective towns. If such highway be upon a line 
 between one or more towns and a city or incorporated village, 
 such application shall also be made to the officers of such city or 
 village having the powers of the town superintendents and such 
 officers may agree with the town superintendents of such towns 
 as to division of such expense. Whenever such officers shall dis- 
 
253 
 
 agree, the question shall be submitted to the district or county 
 superintendent or superintendents representing the county or 
 counties, district or districts in which such highway is located 
 and their decision shall be final when approved by the state 
 commission. All highways heretofore laid out upon the line be- 
 tween any two towns or between a town and a city or an incorpo- 
 rated village shall be divided and allotted or redivided and re- 
 allotted, recorded and kept in repair in the manner above directed ; 
 and all bridges upon such highways shall be built and main- 
 tained jointly by the towns whether wholly located within one of 
 them or otherwise. 
 
 § 208. Final determination, how carried out. — The final deter- 
 mination of commissioners, appointed by any court, relating to 
 laying out, altering or discontinuing a highway, and all orders 
 and other papers filed or entered in the proceedings, or certified 
 copies thereof from the court where such determination, order 
 and papers are filed and entered, shall be forthwith filed and 
 recorded in the town clerk’s office of the town where the highway 
 is located; and every such decision shall be carried out by the 
 town superintendent of the town, the same as if they had made an 
 order to that effect. 
 
 § 209. Highways by use. — All lands which shall have been used 
 by the public as a highway for the period of twenty years or 
 more, shall be a highway, with the same force and effect as if it 
 had been duly laid out and recorded as a highway, and the town 
 superintendent shall open all such highways to the width of at 
 least two rods. 
 
 § 210. Fences to be removed. — Whenever a highway shall have 
 been laid out through any inclosed, cultivated or improved lands, 
 in conformity to the provisions of this chapter, the town superin- 
 tendent shall give to the owner or occupant of the land through 
 which such highway -shall have been laid, sixty days’ notice in 
 writing to remove his fences; and if such owner shall not 
 remove his fences within sixty days, the town superintendent shall 
 cause them to be removed, and shall direct the highway to be 
 opened and worked. 
 
 § 211. Private road. — An application for a private road shall 
 be made in writing to the town superintendent of the town in 
 which it is to be located, specifying its width and location, courses 
 and distances, and the names of the owners and occupants of the 
 land through which it is proposed to be laid out. 
 
 r 
 
254 
 
 § 212. Jury to determine necessity and assess damages The 
 
 town superintendent to whom the application shall be made shall 
 appoint as early a day as the convenience of the parties interested 
 will allow, when, at a place designated in the town, a jury will be 
 selected for the purpose of determining upon the necessity of such 
 road, and to assess the damages by reason of the opening thereof. 
 
 § 213. Copy application and notice delivered to applicant. — Such 
 town superintendent shall deliver to the applicant a copy of the 
 application, to which shall be added a notice of the time and place 
 appointed for the selection of the jury, addressed to the owners 
 and occupants of the land. 
 
 § 214. Copy and notice to be served. — The applicant on receiv- 
 ing the copy and notice shall, on the same day, or the next day 
 thereafter, excluding Sunday and holidays, cause such copy and 
 notice to be served upon the persons to whom it is addressed, by 
 delivering to each of them who reside in the same town a copy 
 thereof, or in case of his absence, by leaving the same at his resi- 
 dence and upon such as reside elsewhere, by depositing in the 
 postoffice a copy thereof to each, properly enclosed in an envelope, 
 addressed to them respectively at their postoffice address, and pay- 
 ing the postage thereon, or, in case of infant owners, by like 
 service upon their parent or guardian. 
 
 § 215. List of jurors. — At such time and place, on due proof 
 of the service of the notice, the town superintendent shall present 
 a list of the names of thirty-six resident freeholders of the town, 
 in no wise of kin to the applicant, owner or occupant, or either of 
 them, and not interested in such lands. 
 
 § 216. Names struck off. — The owners or occupants of the land 
 may strike from the list not more than twelve names, and the ap- 
 plicant a like number; and of the number which remains, the 
 twelve names standing first on the list shall be the jury. 
 
 § 217. Place of meeting. — The town superintendent shall then 
 appoint some convenient time and place for the jury to meet, and 
 shall summon them accordingly. 
 
 § 218. Jury to determine and assess damages. — The town super- 
 intendent and all the persons named and summoned on such jury, 
 shall meet at the time and place appointed ; but if one or more of 
 the twelve jurors shall not appear, the town superintendent shall 
 summon so many qualified to serve as such jurors as will be suffi- 
 cient to make the number present twelve to forthwith appear and 
 act as such; and when twelve shall have so appeared, they shall 
 
255 
 
 constitute the jury and shall be sworn well and truly to determine 
 as to the necessity of the road, and to assess the damages by reason 
 of the opening thereof. 
 
 § 219. Their verdict. — The jury shall view the premises, hear 
 the allegations of the parties, and such witnesses as they may 
 produce, and if they shall determine that the proposed road is 
 necessary, they shall assess the damages to the person or persons 
 through whose land it is to pass, and deliver their verdict in writing 
 to the town superintendent. 
 
 § 220. Value of highway discontinued — If the necessity of such 
 private road has been occasioned by the alteration or discontinuance 
 of a public highway running through the lands belonging to a 
 person through whose lands the private road is proposed to be 
 opened, the jury shall take into consideration the value of the high- 
 way so discontinued, and the benefit resulting to the person by 
 reason of such discontinuance, and shall deduct the same from the 
 damages assessed for the opening and laying out of such private 
 road. 
 
 § 221. Papers to be recorded in the town clerk’s office. — The 
 
 town superintendent shall annex to such verdict the application, 
 and their certificate that the road is laid out, and the same shall 
 be filed and recorded in the town clerk’s office. 
 
 § 222. Damages to be paid before opening the road. — The dam- 
 ages assessed by the jury shall be paid by the party for whose 
 benefit the road is laid out, before the road is opened or used; 
 but if the jury shall certify that the necessity of such private road 
 was occasioned by the alteration or discontinuance of a public 
 highway, such damages shall be paid by the town and refunded 
 to the applicant. 
 
 § 223. Pees of officers. — Every juror, in proceedings for a pri- 
 vate road, shall be entitled to receive for his service one dollar 
 and fifty cents; and town superintendents their per diem com- 
 pensation to be paid by the applicant. 
 
 § 224. Motion to confirm, vacate or modify. — Within thirty days 
 after the decision of the jury shall have been filed in the town 
 clerk’s office, the owner or occupant may apply to the county court 
 of the county wherein such private road is situated, for an order 
 confirming, vacating or modifying their decision ; and such court 
 may confirm, vacate or modify such decision as it shall deem just 
 and legal. If the decision is vacated, the court may order another 
 hearing of the matter before another jury, and remit the proceed- 
 ings to the town superintendent of the same town for that pur- 
 
256 
 
 pose. If no such motion is made, the decision of the jury shall 
 be deemed final. The motion shall be brought on, upon the ser- 
 vice of papers on the adverse party in the proceeding, according 
 to the usual practice of the court in actions and special proceed- 
 ings pending therein, and the decision of the county court shall 
 be final, except that a new hearing may be had, as herein pro- 
 vided. If the final decision shall be adverse to the applicant, no 
 other application for the same road shall be made within two 
 years. 
 
 § 225. Costs of new hearing. — If upon a new hearing, the dam- 
 ages assessed are increased, the applicant shall pay the costs and 
 expenses thereof, otherwise the owner shall pay the same. 
 
 § 226. For what purpose private road may be used. — Every such 
 private road, when so laid out, shall be fo:r the use of such appli- 
 cant, his heirs and assigns; but not to be converted to any other 
 use or purpose than that of a road; nor shall the occupant or 
 owner of the land through which said road shall be laid out be 
 permitted to use the same as a road, unless he shall have signi- 
 fied such intention to the jury who assessed the damages for lay- 
 ing out such road, and before such damages were assessed. 
 
 § 227. Highways or roads along division lines. — Whenever a 
 highway or private road shall be laid along the division line be- 
 tween lands of two or more persons, and wholly upon one side of 
 the line, and the land upon both sides is cultivated or improved, 
 the persons owning or occupying the lands adjoining such high- 
 way or road shall be paid for building and maintaining such ad- 
 ditional fence as they may be required to build or maintain, by 
 reason of the laying out and opening such highway or road ; which 
 damages shall be ascertained and determined in the same manner 
 that other damages are ascertained and determined in the laying 
 out of highways or private roads. 
 
 § 228. Adjournments. — If any accident shall prevent any of 
 the proceedings required by this chapter relating to the laying 
 out, altering or discontinuing of a highway, or the laying out of a 
 private road, to be done on the day assigned, the proceedings may 
 be adjourned to some other day, and the town superintendent shall 
 publicly announce such adjournment. 
 
 § 229. Widening roads; petition — When any part of a highway 
 in any town of this state, not in an incorporated village or city, 
 running between two or more villages or cities, has, because of 
 the wearing away by a river or stream or any other natural 
 cause, become narrower than the width required by statute, and is 
 
257 
 
 dangerous to the users of such highway, twelve or more resident 
 taxpayers of such town may present a petition to the county court 
 of the county within which such town is situated. The petition 
 shall describe the part of the highway proposed to be widened and 
 state that such highway has become lessened in width by the 
 action of a river or stream or other cause, that it is dangerous to 
 the traveling public, that the widening and improvement of such 
 highway is necessary for the public convenience and welfare, that 
 the highway is an important leading road between two or more 
 cities or villages, that the cost of such widening and improvement 
 would exceed the sum of two thousand five hundred dollars and 
 would be too burdensome on the town or towns otherwise liable 
 therefor. Such petition shall be verified by at least three of the 
 petitioners. On receipt of the petition the county court shall forth- 
 with appoint three commissioners who shall not be named by any 
 person interested in the proceedings and who shall be taxpayers 
 of such county, but who shall not reside in the town or towns in 
 which the highway, proposed to be widened and improved, is 
 situated. 
 
 By an opinion of the Attorney-General under date of June 8, 1909, it was 
 held that the day of election cannot be counted in making up the required 
 number of days previous to an election upon which a petition regarding one 
 of the questions to be voted upon must be filed but that a petition must be 
 filed the full number of days required by law before and not counting elec- 
 tion day. 
 
 § 230. Powers and duties of commissioners. — The commissioners 
 shall take the constitutional oath of office and appoint a time and 
 place for a meeting to hear all persons interested in the proposed 
 widening of the highway. They shall personally examine the 
 part of the highway proposed to be widened, hear any reasons 
 for or against such widening and ascertain the probable cost of 
 the work. They shall have power to issue subpoenas, administer 
 oaths and examine witnesses ; they shall keep the minutes of their 
 proceedings and reduce to writing all oral evidence given before 
 them. They shall make duplicate certificates of their decision, 
 filing one in the town clerk’s office of the town in which the said 
 highway is located, and the other, with such minutes and evidence, 
 in the county clerk’s office of the county where the highway is 
 located. Such commissioners shall have the same power as to the 
 assessment of damages caused by the widening of such highway as 
 commissioners appointed under this article for the discontinuance, 
 
 17 
 
258 
 
 alteration or laying out of a highway, and as to such assessment 
 the same proceeding may he had for the confirmation, vacating 
 or modifying of such decision, as provided in and by this article. 
 
 The commissioners shall receive a compensation of five dollars for 
 each day necessarily spent in the performance of their duties 
 under this section, and the amount so paid to the said commis- 
 sioners shall he a charge upon the town or towns in which the 
 highway, proposed to he widened as aforesaid, is located. 
 
 § 231. Notice of decision to supervisors. — If a majority of the 
 commissioners shall determine that the proposed widening of the 
 highway is necessary and that the cost thereof would be too bur- 
 densome for the town, exceeding in probable cost two thousand 
 five hundred dollars, they shall notify the board of supervisors 
 of the county of such decision. The board of supervisors shall J 
 thereupon cause one-half of the amount of the estimated cost to be 
 raised by the county and paid to the supervisor of the town or 
 towns in which that part of the highway proposed to be widened 
 as aforesaid is located, and said supervisor shall apply the sum so >, 
 received by him towards the payment of the cost of such widening. 
 
 The balance of the expense shall be raised in the manner provided 
 by law, by the town or towns in which that part of the highway 
 proposed to be widened as aforesaid is located. 
 
 § 232. Widening, how constructed. — The town superintendent 
 shall construct such widening of the highway according to plans 
 and specifications adopted by the district or county superintendent 
 and approved by the town board of his town. The bills and 
 expenses incurred in such work shall be audited by the town board 
 and paid by the supervisor upon, written order of the town super- 
 intendent, after the same shall have been approved by the town 
 board, out of moneys raised for such purpose as provided in the 
 preceding section. j 
 
 § 233. Actions to compel widening; how affected by petition. — 
 
 In case an action might lie in any court of this state against 
 the town superintendent of any town or towns to compel such 
 superintendent to widen a part of a highway, the width of which *< 
 has become less than that required by statute, or in case an action 
 has been brought against such superintendent to compel him to 
 widen a part of a highway, the width of which has become less 
 than that required by statute, the presentation of a verified peti- 
 tion to the county court as provided for in section two hundred 
 and twenty-nine shall prevent the commencing of any such action 
 as aforesaid and cause such an action already commenced, to cease, 
 
259 
 
 and shall be a bar to a recovery on tlie part of the plaintiff of a 
 judgment against such superintendent in any such action insti- 
 tuted or prosecuted to judgment after the passage of this chapter. 
 
 § 234. Highways abandoned. — Every highway that shall not 
 have been opened and worked within six years from the time it 
 shall have been dedicated to the use of the public, or laid out, 
 shall cease to be a highway; but the period during which any 
 action or proceeding shall have been, or shall be pending in regard 
 to any such highway, shall form no part of such six years; and 
 every highway that shall not have been traveled or used as a 
 highway for six years, shall cease to be a highway, and every 
 public right of way that shall not have been used for said periods 
 shall be deemed abandoned as a right of way. The town super- 
 intendents shall file, and cause to be recorded in the town clerk’s 
 office of the town, a written description, signed by them, of each 
 highway and public right of way so abandoned, and the same shall 
 thereupon be discontinued. There may also be a qualified aban- 
 donment of a highway under the following conditions and for the 
 following purposes, to wit : Where it appears to the town super- 
 intendents, at any time, that a highway has not become wholly 
 disused as aforesaid, but that it has not for two years next pre- 
 vious thereto, been usually traveled along the greater part thereof, 
 by more than two vehicles daily, in addition to pedestrians and 
 persons on horseback, they shall file and cause to be recorded in the 
 town clerk’s office a certificate containing a description of that por- 
 tion of the highway partly disused as aforesaid and declaring a 
 qualified abandonment thereof. The effect of such qualified 
 abandonment, with respect to the portion of said highway de- 
 scribed in the certificate, shall be as follows: It shall no longer 
 be worked at public expense; it shall not cease to be a highway 
 for purposes of the public easement, by reason of such suspen- 
 sion of work thereon; no person shall impair its use as a highway 
 nor obstruct it, except as hereinafter provided, but no person 
 shall be required to keep any part of it in repair; wherever an 
 owner or lessee of adjoining lands has the right to possession of 
 other lands wholly or partly on the directly opposite side of the 
 highway therefrom, he may construct and maintain across said 
 highway a fence at each end of the area of highway which adjoins 
 both of said opposite pieces of land, provided that each said 
 cross-fence must have a gate in the middle thereof at least ten feet 
 in length, which gate must at all times be kept unlocked and sup- 
 
260 
 
 plied with a sufficient hasp or latch for keeping the same closed; 
 all persons owning or using opposite lands, connected by such 
 gates and fences, may use the portion of highway thus inclosed 
 for pasturage; any traveler or other person who intentionally, 
 or by wilful neglect, leaves such gate unlatched, shall he guilty 
 of a misdemeanor, and the fact of leaving it unlatched shall he 
 prima facie evidence of such intent or wilful neglect. Excepting 
 as herein abrogated, all other general laws relating to highways 
 shall apply to such partially abandoned highway. 
 
 Modes of abandonment. This section provides for abandonment of a high- 
 way, (1) where a highway has not been opened and worked within six years 
 from the time it was dedicated to the public, or laid out by the town super- 
 intendent either with or without the proceedings provided for by this article; 
 (2) where a highway has not been traveled or used as a highway for six 
 years. Besides these two methods a highway may be discontinued and closed 
 after proceedings had for such purpose as provided in this article. 
 
 § 235. Highways in lands acquired by the United States for 
 fortification purposes deemed abandoned. — When land sought to 
 be acquired by the United States of America for the purpose of 
 fortifications includes a highway or portion thereof, the condemna- 
 tion proceedings may include such highways or portion thereof, 
 and the people of the state of Yew York, any municipality, 
 county or other party claiming an interest therein may be made a 
 party defendant in such proceeding, and the interest of the state, 
 county, municipality or other claimant be determined, and the 
 award made therefor. Forthwith upon the acquisition by the 
 United States of America of land which includes a highway or 
 portion thereof, there shall be filed in the office of the town clerk 
 of the town, and also in the office of the county clerk of the county, 
 in which such land is located, certified copies of the record or 
 transfer to the United States of such land, together with a map 
 of such land, on which map such highway or portion thereof shall 
 be indicated by metes and bounds, and thereupon such highway 
 or portion thereof shall be deemed discontinued and abandoned 
 for highway purposes, and if proceedings have been taken, pur- 
 suant to article six of this chapter for the improvement of such 
 highway by state aid, all such proceedings, together with any 
 appropriation made for the improvement of such highway or por- 
 tion thereof, as indicated on such map, shall be deemed revoked, 
 vacated and set aside. 
 
 § 236. Discontinuance of highway. — Whenever the town super- 
 intendent of any town, in which during the past ten years there 
 
261 
 
 lias been expended the sum of three hundred thousand dollars, 
 or more, for the purpose of macadamizing the highways of such 
 town, shall determine that any portion of any highway or 
 street, not within the limits of an incorporated village, which is 
 the terminus of such street or highway, is unnecessary for high- 
 way purposes, and said town superintendent may, by an order 
 to be duly entered in the town clerk’s office, direct such highway 
 to he discontinued and abandoned for public purposes. Provided, 
 however, that no portion of such highway to he discontinued shall 
 be greater than one thousand feet of the terminus thereof and 
 that the owners of the land on both sides of such highway or 
 street, for the distance it is proposed to discontinue the same, 
 shall, by written petition to such town superintendent have re- 
 quested the discontinuance thereof. 
 
 § 237. Description to be recorded. — Immediately upon making 
 and entering the order mentioned in section two hundred and 
 thirty-six of this chapter, the said town superintendent shall cause 
 a written description of that portion of the street or highway 
 ordered to be discontinued to be filed and recorded in the office of 
 the town clerk of the town in which the said street or highway is 
 located, and when the same is duly recorded the said portion of 
 the said street or highway shall thereupon be and become duly 
 abandoned and discontinued for highway purposes. 
 
 § 238. Damages caused by discontinuance. — Any person or cor- 
 poration interested as owner or otherwise, in any lands and claim- 
 ing any loss or damage, legal or equitable, by reason of the dis- 
 continuance, abandonment or closing of any street or highway, 
 not within the limits of an incorporated village, under or pur- 
 suant to the provisions of the last two sections, may, upon ten 
 days’ written notice to the town superintendent of the town in 
 which such lands are situated apply to the supreme court or to 
 the county court of the county within which such lands are situ- 
 ated for the appointment of commissioners to estimate and de- 
 termine such loss and damage, whereupon the court shall appoint 
 three disinterested commissioners of appraisal to estimate and de- 
 termine such damage, and the amount of compensation to be paid 
 by said town therefor, who shall make their report thereupon to 
 such court, and which report when finally confirmed shall be final 
 and conclusive in respect thereto, and the legality and equity of 
 any and all such claims shall be determined by such commis- 
 sioners and by the court upon the hearing of their report. Any 
 
262 
 
 loss or damage so estimated and determined shall be paid by said I 
 
 town as in case of judgment. 
 
 § 239. Papers, where filed. — All applications, certificates, ap- 
 pointments and other papers relating to the laying out, altering 
 or discontinuing of any highway shall be filed by the town super- w 
 
 intendent as soon as a decision shall have been made thereon in 
 the town clerk’s office of the town. 
 
 § 240. Costs of motion. — Costs of a motion to confirm, vacate 
 or modify the report of commissioners appointed by the court 
 to lay out, alter or discontinue a highway may be allowed in the 
 discretion of the court not exceeding fifty dollars. On an un- 
 contested motion to confirm the report of the commissioners so 
 appointed, if said report is favorable to the applicant and con- 
 firmed by the court, costs may be allowed not exceeding fifty dol- 
 lars sufficient to compensate the applicant’s attorney for his ser- 
 vices in the proceedings. Costs of any other motion in a pro- 
 ceeding in a court of record, authorized by this chapter, may be 
 allowed in the discretion of the court not exceeding ten dollars. 
 
 JR 
 
 From an opinion of the Attorney-General under date of October 24, 1910, 
 it was held: 
 
 “ It is evident that the use of moneys * * * moneys raised for the 
 repair and improvement of highways, including state aid, are never available 
 for the construction of new town roads and could not be legally diverted to 
 any otner use. The different funds >are required to be kept separate by 
 section 107 of the Highway Law, also by order of the State Highway Com- 
 mission, and a surplus in one fund is not available for use for other work. 
 
 I am, therefore, of the opinion that moneys known as state aid cannot be 
 used in the building and construction of new town roads or for the payment 
 of damages awarded to land owners in the laying out of a new highway, or 
 for any other purpose except the repair and improvement of the highways 
 of the town. 
 
 “ In reply to that part of your enquiry as to how the town can procure 
 the necessary money to build a highway, if it cannot be taken from the 
 general fund for the repair and improvement of the highways, I beg to state i 
 
 that section 90 of the Highway Law requires the town superintendent to 
 make estimates of the amounts that should be raised by tax in the town 
 for the ensuing year, and by subdivision 4 thereof he can make an estimate 
 and present it to- the town board of the amount which he deems necessary <, 
 
 should be raised for building a town highway that has been newly laid out. 
 
 It is certainly a miscellaneous- purpose not provided for in any other subdi- 
 vision of that section. There is no limitation to the amount that can be 
 raised for miscellaneous purposes except as it is controlled by the public 
 necessities of the town. 
 
 “ It is also a purpose that can only arise occasionally in any town and is 
 not of annual occurrence like most of the other purposes mentioned in the 
 act referred to. 
 
263 
 
 “ The estimates above mentioned are then laid before the town board and 
 if it approves the several amounts are laid before the board of supervisors 
 and raised in the same way as other highway taxes in the town, but if this 
 method is not deemed expedient and if any town board should not feel that 
 it was authorized to raise the amount as above outlined, a proposition can 
 be submitted as provided by section 97 of the Highway Law to the voters 
 of the town.” 
 
 ARTICLE IX. 
 
 Bridges. 
 
 Section 250. When town or county expense. 
 
 251. Levy of tax upon county. 
 
 252. Penalty, and notice on bridge. 
 
 253. Offense. 
 
 254. Joint liabilities of towns and their joint contracts. 
 
 255. Refusal to repair. 
 
 256. Proceedings in court. 
 
 257. Supervisor to institute proceedings. 
 
 258. Duty of superintendents. 
 
 259. Report of town superintendents, and levy of tax. 
 
 260. Appeals. 
 
 261. Power of court on appeal. 
 
 262. Refusal to repair bridges. 
 
 263. Resolution of board of supervisors for abolition of toll bridges. 
 
 264. Investigation by the state commission of highways. 
 
 265. Acquisition by attorney -general. 
 
 266. Payment of expense of acquisition. 
 
 267. Maintenance of bridge. 
 
 § 250. When town or county expense. — The towns of this state, 
 except as otherwise herein provided, shall be liable to pay the 
 expenses for the construction and repair of its public free bridges 
 constructed over streams or other waters within their bounds, 
 and their just and equitable share of such expenses when so con- 
 structed over streams or other waters upon their boundaries, 
 except between the counties of Westchester and Xew York; and 
 when such bridges are constructed over streams or other waters 
 forming the boundary line of towns, either in the same or adjoin- 
 ing counties, such towns shall be jointly liable to pay such ex- 
 penses. When such bridges are constructed over streams or other 
 waters forming the boundary line between a city of the third 
 class and a town, such city and town shall be liable each to pay 
 its just and equitable share of the expenses for the construction, 
 maintenance and repair of such bridges. Except as otherwise 
 provided by law, a city of the third class shall be deemed a town 
 
264 
 
 for the purposes of this article. Each of the counties of this < 
 
 state shall also be liable to pay for the construction, care, main- 
 tenance, preservation and repair of public bridges, lawfully con- 
 structed over streams or other waters forming its boundary line, 
 not less than one-sixth part of the expenses of such construction, 
 care, maintenance, preservation and repair. 
 
 § 251. Levy of tax upon county. — Each supervisor shall present 
 to the board of supervisors of his county at its annual session 
 a statement specifying the amount paid during the preceding 
 year ending on the thirty-first of October for the construction, 
 care, maintenance, preservation and repair of public bridges over 
 streams or other waters forming the boundary of such county. 
 
 The board of supervisors shall levy upon the taxable property of 
 the county a sum sufficient to pay its proportion of such expense, 
 and the same when collected shall be paid to the supervisor of 
 such town to be applied by him on the order of the town superin- 
 tendent after audit as provided in this chapter, toward the pay- 
 ment of such expense. 
 
 § 252. Penalty, and notice on bridge. — The town superintendent 
 may fix and prescribe a penalty, not less than one or more than 
 five dollars, for riding or driving faster than a walk on any 
 bridge in his town whose chord is not less than twenty-five feet 
 in length, and put up and maintain in a conspicuous place, at 
 each end of the bridge, a notice in large characters, stating each 
 penalty incurred. 
 
 § 253. Offense. — Whoever shall ride or drive faster than a walk 
 over any bridge, upon which notice shall have been placed, and 
 shall then be, shall forfeit for every offense, the amount fixed 
 by such town superintendent, and specified in the notice. 
 
 § 254. Joint liabilities of towns and their joint contracts. — 
 Whenever any two or more towns shall be liable to make or main- 
 tain any bridge or bridges, the same shall be built and main- 
 tained at the joint expense of such towns, without reference to 
 town lines, except where the board of supervisors has otherwise 
 apportioned such expense as provided in section ninety-seven. 
 
 The town superintendents of all the towns, or of one or more of 
 such towns, the others refusing to act, may, when directed by their 
 respective town boards, enter into a joint contract for making and 
 repairing such bridges. 
 
 § 255. Refusal to repair. — If the towm board of either of such 
 towns, after notice in writing from the town board of any other 
 of such towns, given by the town clerk thereof, shall not within 
 
265 
 
 twenty days give their consent in writing to build or repair any 
 such bridge, and shall not within a reasonable time thereafter 
 direct, by resolution, the same to be done, the town board giving 
 such notice may direct the town superintendent to make or repair 
 such bridge, and then maintain an action in the name of the town, 
 against the town which neglects or refuses to join in such making 
 or repairing, and in such action, the plaintiffs shall be entitled 
 to recover so much from the defendant, as the town would be 
 liable to contribute to the same, together with costs and interest. 
 
 § 256. Proceedings in court. — Whenever any adjoining towns 
 shall be liable to make or maintain any bridge over any streams 
 dividing such towns, whether in the same or different counties, 
 three freeholders in either of such towns may, by petition signed 
 by them, apply to the town board in each of such towns, to build, 
 rebuild or repair such bridges, and if such town boards refuse 
 to build, rebuild or repair such bridge within a reasonable time, 
 either for want of funds or any other cause, such freeholders, 
 upon affidavit and notice of motion, a copy of which shall be 
 served on each supervisor at least eight days before the hearing, 
 may apply to the supreme court at a special term thereof, to be 
 held in the judicial district in which such bridge or any part 
 thereof shall be located, for an order requiring such town boards 
 to direct the town superintendents to build, rebuild or repair 
 such bridge, and the court upon such motion may, in doubtful 
 cases, refer the case to some disinterested person to ascertain the 
 requisite facts in relation thereto, and to report the evidence 
 thereof to the court. Upon the coming in of the report, in case 
 of such reference, or upon or after the hearing of the motion, 
 in case no reference shall be ordered, the court shall make an 
 order thereon as the justice of the case shall require. If the 
 motion be granted in whole or in part, whereby funds shall be 
 needed to carry the order into effect, such court shall specify the 
 amount of money required for that purpose, and how much thereof 
 shall be raised in each town. 
 
 § 257. Supervisor to institute proceedings. — The supervisor of 
 any such town shall, when directed by the town board, institute 
 and prosecute proceedings under this chapter, in the name of the 
 town, to compel the town board of such adjoining town or towns 
 to cause the town superintendents thereof to join in the building, 
 rebuilding or repair of any such bridge, in like manner as free- 
 holders are thereby authorized. 
 
266 
 
 § 258. Duty of superintendents. — The order for building, re- 
 building or repairing a bridge being made, and a copy thereof be- 
 ing served on the town superintendent of such adjoining towns 
 respectively the town superintendent of such towns shall forth- 
 with meet and cause such bridge to be built, rebuilt or repaired in 
 accordance with plans and specifications prepared or approved 
 by the district or county superintendent, out of any funds in the 
 hands of the supervisors of such towns applicable thereto; if an 
 inadequate amount of such funds are on hand, the town boards 
 of such towns shall direct the town superintendents thereof to 
 build, rebuild or repair such bridge, and the same shall be done 
 upon credit, or in part for cash or in part upon credit according 
 to the exigency of the case ; and such town boards shall direct the 
 superintendents to enter into a contract, to be approved by such 
 town boards, for building, rebuilding or repairing such bridge 
 pledging the credit of each town for the payment of its appro- 
 priate share so far as the same shall be upon credit. 
 
 § 259. Report of town superintendents, and levy of tax. — The 
 town superintendent of each town shall make a full and verified 
 report of their proceedings in the premises including an accurate 
 account of what has been done in respect to such bridge, and 
 shall attach thereto a copy of the order granted by the supreme 
 court. Such report, account and order shall be certified by the 
 town board and delivered to the supervisor and be presented by 
 him to the board of supervisors of his county. The board of 
 supervisors at their annual meeting shall levy a tax upon each 
 of such towns, when in the same county, and upon the appropriate 
 towns when in different counties, for its share of the costs of 
 building, rebuilding and repairing such bridge, after deducting 
 all payments actually made by the supervisor upon the written 
 order of the town superintendent. Such tax, including all pay- 
 ments, shall in no case exceed the amount specified in the order 
 of the supreme court. 
 
 § 260. Appeals. — Either party aggrieved by the granting or 
 refusing to grant such order by the court at special term, may 
 appeal from such decision to the appellate division of the supreme 
 court for the review of the decision. The appellate division may 
 alter, modify or reverse the order, with or without costs. 
 
 § 261. Power of court on appeal. — The special term may grant 
 or refuse costs as upon a motion, including also witnesses’ fees, 
 referees’ fees and disbursements. The appeal provided for in 
 the last preceding section shall conform to the practice of the 
 
267 
 
 supreme court, in case of appeal from an order of a special term 
 to the appellate division. 
 
 § 262. Refusal to repair bridges — Whenever any such bridge 
 shall have been or shall be so out of repair as to render it unsafe 
 for travelers to pass over the same, or whenever any such bridge 
 shall have fallen down, or been swept away by a freshet or other- 
 wise, if the town superintendent of the adjoining town or towns, 
 after reasonable notice of such condition of the bridge, have 
 neglected or refused, or shall neglect or refuse to repair or re- 
 build it, then whatever funds have been or shall be necessarily 
 or reasonably laid out or expended in repairing such bridge or in 
 rebuilding the same, by any person or corporation, shall be a 
 charge on such adjoining town or towns, each being liable for its 
 just proportion; and the person or corporation who has made 
 such expenditure, or shall make such expenditures, may apply 
 to the supreme court, at a special term, for an order requiring 
 such towns severally to reimburse such expenditures, which appli- 
 cation shall be made upon papers to be served upon the town 
 superintendents of such towns at least eight days prior thereto; 
 and the court may grant an order requiring each adjoining town 
 or towns to pay its just proportion of the expenditure, specifying 
 the same; and the town superintendent of each of such towns 
 shall forthwith serve a copy of such order upon the supervisor 
 of each of their towns, who shall present the same to the board 
 of supervisors, at their next annual meeting. The board of super- 
 visors shall raise the amount charged upon each town by the 
 order, and cause the same to be collected and paid to such per- 
 sons or corporation as incurred the expenditure. The order shall 
 be appealable. 
 
 § 263. Resolution of board of supervisors for abolition of toll 
 bridges.-— The board of supervisors of any county may, and upon 
 the presentation of a petition signed by fifty per centum of the 
 owners of real property and representing a majority of the as- 
 sessed valuation of the town or city in which a toll bridge is wholly 
 or partly situated must, except where such bridge extends between 
 the state of. New York and a foreign country, pass a resolution 
 that public interest demands the abolition of such toll bridge sit- 
 uate wholly or partly within said county. In case of a toll bridge 
 situated in two counties such resolution shall be a concurrent reso- 
 lution passed by the boards of supervisors of the counties wherein 
 said bridge is situated. Within ten days after the passage of such 
 
268 
 
 resolution the clerk or clerks of the hoard or boards of supervisors 
 shall transmit certified copies thereof to the state commission of 
 highways. Before transmitting such certified copy or copies to 
 the state commission of highways, the board or boards of super- 
 visors shall investigate as to the value of such toll bridge and shall 
 prepare an estimate of the probable cost of acquiring the same, 
 and the clerk or clerks shall transmit such estimate, together with 
 any data in relation to the value of such toll bridge which the 
 board or boards of supervisors may secure, to the state commis- 
 sion of highways with the certified copy or copies of such 
 resolution. 
 
 Added by L. 1909, ch. 146, and amended by L. 1910, ch. 569. 
 
 § 264. Investigation by the state commission of highways. — The 
 
 state commission of highways shall upon the receipt of such reso- 
 lution or concurrent resolution, investigate and determine whether 
 the bridge so sought to be abolished is of sufficient public import- 
 ance to come within the provisions of this article, taking into 
 account the use, location and value of such toll bridge for the 
 purpose of common traffic and travel and shall also investigate as 
 to the value of such toll bridge and from the estimate and data 
 transmitted by the board or boards of supervisors, or from such 
 other information as the commission may secure, prepare an esti- 
 mate of the probable cost of acquiring such toll bridge. After 
 such investigation such commission shall certify its approval or 
 disapproval of such resolution. If it shall disapprove such resolu- 
 tion, it shall certify its reasons therefor to such board or boards of 
 supervisors. If it shall approve such resolution it shall cer- 
 tify its approval thereof to the attorney-general, and shall transmit 
 to him the estimate made by the commission of the probable cost 
 of acquiring such toll bridge, together with any data the commis- 
 sion may have in its possession in relation to the value thereof. 
 
 Added by L. 1909, ch. 146, and amended by L. 1910, ch. 569. 
 
 § 265. Acquisition by Attorney-General. — Upon the receipt of 
 such certification of approval the attorney-general shall apply to 
 the court, in the name of the people of the state, for the appoint- 
 ment of a commission to appraise the value of -said toll bridge 
 and the franchise thereof aid proceed to acquire title to said toll 
 bridge and its franchise rights in accordance with the provisions 
 of the code of civil procedure for the condemnation of property 
 for public purposes. When said commission shall have deter- 
 mined the value of such toll bridge, the attorney-general shall 
 
269 
 
 certify such determination to the comptroller and to the board or 
 boards of supervisors of the county or counties wherein such toll 
 bridge is situated. After the receipt thereof, upon a majority 
 vote of the board or boards of supervisors, they shall adopt a reso- 
 lution approving the purchase of said toll bridge under the pro- 
 visions of this article and providing for the payment of the 
 county’s share thereof and thereupon shall transmit a certified 
 copy of such resolution to the state comptroller. The condemna- 
 tion. and purchase of toll bridges under the provisions of this 
 article shall be taken up and carried forward in the order in which 
 they are finally designated as determined by the date of the re- 
 ceipt in each case of the certified copy of the approval by the 
 state commission of highways. 
 
 Added by L. 1909, ch. 146. 
 
 § 266. Payment of expense of acquisition.— One-half of the ex- 
 pense incurred in the condemnation and acquirement of said toll 
 bridge shall be paid by the state treasurer upon the warrant of 
 the comptroller out of any specific appropriations made to carry 
 on -the provisions of this article, but no such payment shall be 
 made until the county or counties in which said toll bridge is 
 situate shall have complied with all the provisions hereof. One- 
 half of the expenses thereof shall be a charge, in the first in- 
 stance, upon the county or counties in which said toll bridge is 
 situate, and the same shall be paid by the county treasurer upon 
 the requisition of the comptroller, but the amount so paid shall 
 be apportioned by the board of supervisors so that thirty-five per 
 centum of such cost shall be a general county charge and fifteen 
 per centum shall be a charge upon the town or towns or city or 
 cities in which said toll bridge is wholly or partly located. In 
 case a toll bridge is located in two counties the fifty per centum 
 of the expense to be borne by the counties shall be apportioned 
 between them on the basis of their assessed valuation and the 
 fifteen per centum shall be apportioned by the board of super- 
 visors upon the town or towns or city or cities in the same manner. 
 
 Added by L. 1909, ch. 146. 
 
 § 267. Maintenance of bridge.— When a toll bridge shall have 
 been acquired by the state under the provisions of this article it 
 shall be maintained as a free bridge and the expense thereof shall 
 be a charge upon the town or towns or city or cities within which 
 it is situated. Upon the acquisition of any toll bridge as pro- 
 vided in this article, the board or boards of supervisors of the 
 
270 
 
 county or counties in which said toll bridge is located shall upon 
 notice of such acquisition from the comptroller, accept and main- 
 tain the same as a part of the highway system of said county or 
 counties and such acceptance shall be deemed to have been 
 formally taken at the expiration of twenty days from the notice 
 of said acquisition by the state comptroller. 
 
 Added by L. 1909, ch. 146. 
 
 § 268. Use of toll bridge by public service corporations; con- 
 ditions; powers of town board. — After a bridge shall be acquired 
 by the state under the provisions of this article, the same shall not 
 be used by any railroad, telephone, gas, electric light, heat or 
 power company or any other public service corporation, for any 
 purpose except upon such terms and the payment of such rental 
 as shall be determined by the town board of the town or towns 
 and the common council of the city or cities within which it is 
 situated. The money received therefor shall be divided equally 
 between the localities. The provisions of this section, however, 
 shall not affect any existing contract for the use of such bridge 
 by any such corporation, except that the compensation provided 
 for such use in such existing contract shall be paid to the localities 
 as herein provided. 
 
 Added by L. 1910, ch. 569. 
 
 ARTICLE X. 
 
 Ferries. 
 
 Section 270. Licenses. 
 
 271. Undertaking. 
 
 272. Appendages for rope ferries. 
 
 273. Superintendent of public works may lease right of passage. 
 
 274. When schedules to be posted. 
 
 § 270. Licenses. — The county court in each of the counties of 
 this state or the city court of a city, may grant licenses for 
 keeping ferries in their respective counties and cities, to such 
 persons as the court may deem proper, for a term not exceeding 
 five years. No license shall be granted to a person, other than 
 the owner of the land through which that part of the highway 
 adjoining to the ferry shall run, unless the owner is not a suit- 
 able person or shall neglect to apply after being served with eight 
 days’ written notice from such person of the time and place at 
 which he will apply for such license, or having obtained such 
 license, shall neglect to comply with the conditions of the license 
 
271 
 
 or maintain the ferry. Every license shall be entered in the book 
 of minutes of the court by the clerk; and a certified copy thereof 
 shall be delivered to the person licensed. When the waters over 
 which any ferry may he used shall divide two counties or cities, 
 or a county and city, a license obtained in either of the counties 
 or cities shall he sufficient to authorize transportation of persons, 
 goods, wares and merchandise, to and from either side of such 
 waters. 
 
 § 271. Undertaking. — Every person applying for such license 
 shall, before the same is granted, execute and file with the clerk 
 of the court his undertaking with one or more sureties, approved 
 by the court, to the effect that he will attend such ferry with 
 sufficient and safe boats and other implements, and so many men 
 to work the same as shall he necessary during the several hours 
 in each day, and at such rates as the court shall direct. 
 
 § 272. Appendages for rope ferries. — Any person licensed to 
 keep a ferry may, with the written consent of the town superin- 
 tendent of the town where such ferry may he, erect and main- 
 tain within the limits of the highway, at such point as shall he 
 designated in such consent, a post or posts, with all necessary 
 braces and appendages for a rope ferry. 
 
 § 273. Superintendent of public works may lease right of passage. 
 — The superintendent of public works, may, where ferries are 
 now maintained at tide-water, lease the right of passage for foot 
 passengers across state lands adjoining tide-water for a period 
 not exceeding ten years, on such conditions as he may deem 
 advantageous to the state. 
 
 § 274. When schedules to be posted. — Every person licensed to 
 operate or control any ferry in this state, or between this state and 
 any other state, operating from or to a city of fifty thousand 
 inhabitants or over, shall post in a conspicuous and accessible 
 position outside and adjacent to each entrance to such ferry, and 
 in at least four accessible places, in plain view of the passengers 
 upon each of the boats used on such ferry, a schedule plainly 
 printed in the English language of the rates of ferriage charges 
 thereon, and authorized by law to be charged for ferriage over 
 such ferry. If any such person shall fail to comply with the pro- 
 visions of this section, or shall post a false schedule, he shall for- 
 feit the sum of fifty dollars for each day’s neglect or refusal to 
 post such schedule or any of them, to be recovered by any person 
 who shall sue therefor in any court of competent jurisdiction. 
 
272 
 
 ARTICLE XI. 
 
 Motor Vehicles. 
 
 (Entire article amended by L. 1910, ch. 37 Jf.) 
 
 .Section 280. Application of article. 
 
 281. Definitions. 
 
 282. Registration of motor vehicles; age of operator; fees, renewals. 
 
 283. Distinctive number; form of number plates. 
 
 284. Registration by manufacturers and dealers; reregistration. 
 
 285. Exemption of nonresident owners. 
 
 286. Signaling and other devices; signals; rules of the road. 
 
 287. Speed permitted. 
 
 288. Local ordinances prohibited. 
 
 289. ^Registration of chauffeurs; renewals. 
 
 290. Punishment for violation; procedure. 
 
 291. Disposition of registration fees; fines and penalties. 
 
 292. Rates of toll on motor vehicles. 
 
 293. Acts repealed. 
 
 § 280. Application of article. — Except as herein otherwise ex- 
 pressly provided, this article shall he exclusively controlling: 
 
 1. Upon the registration, numbering and regulation of motor 
 vehicles, and the licensing and the regulation of chauffeurs; 
 
 2. On their use of the public highways, and 
 
 3. On the accessories used upon motor vehicles and their inci- 
 dents and the speed of motor vehicles upon the public highways; 
 
 4. On the punishment for the violation of any of the provisions 
 of this article. 
 
 § 281. Definitions. — The term “ motor vehicle ” as used in 
 this article, except where otherwise expressly provided, shall in- 
 clude all vehicles propelled by any power other than muscular 
 power, except motor bicycles, motor cycles, traction engines, 
 road rollers, fire wagons and engines, police patrol wagons, am- 
 bulances and such vehicles as run only upon rails or tracks. 
 The term “ local authorities ” shall include all officers of coun- 
 ties, cities, boroughs, towns or villages, as well as all hoards, 
 committees and other public officials of such counties, cities, bor- 
 oughs, towns or villages. The term “ chauffeur ” shall mean any 
 person operating or driving a motor vehicle as an employee or for 
 hire. The term “ state ” as used in this article, except where 
 otherwise expressly provided, shall also include the territories and 
 the federal districts of the United States. The term T( owner ” 
 shall also include any person, firm, association or corporation 
 
 So in original. 
 
273 
 
 renting a motor vehicle or having the exclusive use thereof, 
 under a lease or otherwise, for a period greater than thirty days. 
 The term “ public highway ” shall include any highway, county 
 road, state road, public street, avenue, alley, park, parkway or 
 public place in any county, city, borough, town or village, except 
 any speedway which may have been or may be expressly set apart 
 by law for the exclusive use of horses and light carriages. 
 
 § 282. Registration of motor vehicles; age of operator; fees; re- 
 newals. — 1 . Registration by owners. Every owner of a motor vehicle 
 which shall be operated or driven upon the public highways of 
 this state shall, except as herein otherwise expressly provided, 
 cause to be filed, by mail or otherwise, in the office of the secre- 
 tary of state a verified application for registration on a blank 
 to be furnished by the secretary of state for that purpose, con- 
 taining: (a) A brief description of the motor vehicle to be 
 
 registered, including the name of the manufacturer and factory 
 number of such vehicle, the character and amount of the motive 
 power stated in figures of horse power in accordance with the 
 rating established by the Association of Licensed Automobile 
 Manufacturers ; (b) the name, residence, including county and 
 business address, of the owner of such motor vehicle; (c) pro- 
 vided that, if such motor vehicle is used or to be used solely for 
 commercial purposes, the applicant shall so certify. 
 
 2. Age of operator. No person shall operate or drive a motor 
 vehicle who is under eighteen years of age, unless such person 
 is accompanied by a duly licensed chauffeur or the owner of the 
 motor vehicle being operated. 
 
 3. Registration book. Upon the receipt of an application for 
 registration of a motor vehicle, as provided in this article, 
 the secretary of state shall file such application in his office 
 and register such motor vehicle or vehicles, with the name, resi- 
 dence and business address of the owner, manufacturer or dealer 
 as the case may be, together with the facts stated in such applica- 
 tion, in a book or index to be kept for the purpose, under the dis- 
 tinctive number assigned to such motor vehicle by the secretary 
 of state, which book or index shall be open to public inspection 
 during reasonable business hours. 
 
 4. Certificate of registration. Upon the filing of such appli- 
 cation and the payment of the fee hereinafter provided, the secre- 
 tary of state shall assign to such motor vehicle a distinctive num- 
 ber and, without expense to the applicant, issue and deliver to 
 
 18 
 
274 
 
 the owner a 'Certificate of registration, in such form as the seere- A 
 
 tary of state shall prescribe, and two number plates. In the event 
 of the loss, mutilation or destruction of any certificate of registra- 
 tion, number plate, license or badge, the owner of a registered 
 motor vehicle or manufacturer, or dealer, or chauffeur, as the case 
 may be, may obtain from the secretary of state a duplicate thereof 
 upon filing in the office of the secretary of state an affidavit show- 
 ing such fact and the payment of a fee of one dollar. 
 
 5. Times for registration and reregistration. Registration ap- 
 plied for on or before August first, nineteen hundred and ten, 
 shall take effect on that date and certificates issued on such ap- 
 plication or under any application made prior to January thirty- 
 first, nineteen hundred and eleven, shall expire on the latter date. 
 
 The fees for such registration shall be one-half of the annual fees 
 
 ° * 
 
 provided herein. Registration thereafter shall be renewed an- 
 nually in the same manner and upon payment of the same annual 
 fee as provided in this section for registration, to take effect on 
 the first day of February, in each year beginning with such date ^ 
 
 in the year nineteen hundred and eleven ; and the certificates of 
 registration issued thereunder or issued between any such dates 
 shall expire on the succeeding thirty-first day of January. 
 
 6. Registration fees. The following fees shall be paid to the 
 secretary of state upon the registration or reregistration of a 
 motor vehicle in accordance with the provisions of this article: 
 five dollars upon the registration of a motor vehicle having a rat- 
 ing of twenty-five horse power or less; ten dollars upon the regis- 
 tration of a motor vehicle having a rating of more than twenty- 
 five horse power and less than thirty-five horse power; fifteen 
 dollars upon the registration of a motor vehicle having a rating 
 of thirty-five horse power and less than fifty horse power ; twenty- 
 five dollars upon the registration of a motor vehicle having a rat- 
 ing of fifty horse power or more ; provided that if a motor vehicle 
 other than one used solely for commercial purposes shall have 
 been licensed for four separate years hereunder and for which 
 
 there shall have been paid the annual registration fees herein * 
 
 provided during said period, the annual registration fees there- 
 after shall be one-half the amount ; and further provided that for 
 motor vehicles which are used or to be used solely for commercial 
 purposes, the fee for such registration shall be five dollars. 
 
 7. Fees in lieu of taxes. The registration fees imposed by this 
 article upon motor vehicles, other than those of manufacturers and 
 
275 
 
 dealers and those used solely for commercial purposes, shall he 
 in lieu of all taxes, general or local, to which motor vehicles may 
 be subject. 
 
 8. Sale and registration by vendee. Upon the sale or transfer 
 of a motor vehicle registered in accordance with this section, the 
 vendor shall immediately give notice thereof with the name and 
 residence of the vendee to the secretary of state, and the vendee 
 shall, within ten days after the date of such sale or transfer, notify 
 the secretary of state thereof upon a blank furnished promptly by 
 him for that purpose, stating the name and business address of 
 the previous owner, if known, the number under which such 
 motor vehicle is registered and the name, residence, including 
 county and business address, of the vendee. Upon filing such 
 statement duly verified such vendee shall pay to the secretary of 
 state a fee of one dollar, and upon receipt of such statement and 
 fee the secretary of state shall file such statement in his office and 
 note upon the registration book or index such change in ownership. 
 
 9. Upon the sale of a motor vehicle by the manufacturer or 
 dealer the vendee shall be allowed to operate the same upon the 
 public highways for a period of fifteen days after taking posses- 
 sion thereof or until he shall have received his certificate of regis- 
 tration and number plates from the secretary of state, providing 
 that during such period the motor vehicle shall have attached 
 thereto, in accordance with the provisions hereof, a placard bear- 
 ing the registration number of the dealer under which it might 
 previously have been operated, and provided, further, that appli- 
 cation for registration shall be made by mail or otherwise before 
 such vehicle shall be so used. 
 
 § 283. Distinctive number; form of number plates. — 1 . Distinct- 
 ive number must be carried on motor vehicles. No person shall 
 operate or drive a motor vehicle on the public highways of this 
 state after the first day of August, nineteen hundred and ten, 
 unless such vehicle shall have a distinctive number assigned to it 
 by the secretary of state and a number plate with a number corre- 
 sponding to that of the certificate of registration conspicuously 
 displayed, one on the front and one on the rear of such vehicle, 
 each securely fastened so as to prevent the same from swinging. 
 
 2. Number plates to be changed annually. Such number plates 
 shall be of a distinctly different color each year, and there shall 
 be at all times a marked contrast between the color of the number 
 plates and that of the numerals or letters thereon. 
 
3. Form of number plate. Such number plate shall be of 
 metal, at least six inches wide and not less than fifteen inches in 
 length, on which there shall be the initials “ N. Y.,” and there 
 shall be the distinctive number assigned to the vehicle set forth in 
 numerals four inches long, each stroke of which shall be at least 
 five-eighths of an inch in width; provided that in the case of a 
 motor vehicle registered by a manufacturer or dealer there shall be 
 on such plate in addition to the foregoing the letter “ M,” each 
 stroke of such letter to be at least four inches long and five-eighths 
 of an inch in width. No vehicle shall display the number plates 
 of more than one state at any time. 
 
 § 284. Registration by manufacturers and dealers; reregistra- 
 tion. 1. Registration by manufacturers pnd dealers. Every per- 
 son, firm, association or corporation manufacturing or dealing in 
 motor vehicles niay, instead of registering each motor vehicle so 
 manufactured or dealt in, make a verified application upon a blank 
 to be furnished by the secretary of state for a general distinctive 
 number for all the motor vehicles owned or controlled by such 
 manufacturer or dealer, such application to contain: (a) A brief 
 description of each style or type of motor vehicle manufactured or 
 dealt in by such manufacturer or dealer, including the character of 
 the motor power, the amount of such motor power stated in figures 
 of horse power in accordance with the rating established by the 
 Association of Licensed Automobile Manufacturers; and (b) the 
 name, residence, including county and business address, of such 
 manufacturer or dealer. On the payment of the registration fee 
 of fifteen dollars such application shall be filed and registered in 
 the office of the secretary of state in the manner provided in sec- 
 tion two hundred and eighty-two of this article. There shall there- 
 upon be assigned and issued to such manufacturer or dealer a 
 general distinctive number and without expense to the applicant 
 issued and promptly delivered to such manufacturer or dealer a 
 certificate of registration in such form as the secretary of state 
 shall prescribe, and a number plate with a number corresponding 
 to the number of such certificate of registration. Such number 
 plate or a duplicate thereof shall be displayed by every motor 
 vehicle of such manufacturer or dealer when the same is operated 
 or driven on the public highways. Such manufacturer or dealer 
 may obtain as many duplicates of such number plate as may be 
 desired upon payment to the secretary of state of one dollar for 
 each duplicate. Nothing in this subdivision shall be construed to 
 
277 
 
 apply to a motor vehicle operated by a manufacturer or dealer for 
 private use or for hire. 
 
 2. Reregistration annually. Such registration shall be renewed 
 annually in the same manner and on the payment of the same fee 
 as provided in this section for original registration, such renewal 
 to take effect on the first day of February of each year. Pro- 
 visions of subdivision five of section two hundred and eighty-two, 
 relating to first registrations made under this article and duration 
 of renewals, shall apply to registration under this section. 
 
 § 285. Exemption of nonresident owners. — The provisions of 
 the foregoing sections relative to registration and display of regis- 
 tration numbers shall not apply to a motor vehicle owned by a 
 nonresident of this state, other than a foreign corporation doing 
 business in this state, provided that the owner thereof shall have 
 complied with the provisions of the law of the foreign country, 
 state, territory or federal district of his residence relative to regis- 
 tration of motor vehicles and the display of registration numbers 
 thereon, and shall conspicuously display his registration numbers 
 as required thereby. The provisions of this section, however, shall 
 be operative as to a motor vehicle owned by a nonresident of this 
 state only to the extent that under the laws of the foreign country, 
 state, territory or federal district of his residence like exemptions 
 and privileges are granted to motor vehicles duly registered under 
 the laws of and owned by residents of this state. 
 
 § 286. Signaling and other devices; signals; rules of the road. — 
 1. Brakes, horns and lamps, signaling at crossings. Every 
 motor vehicle, operated or driven upon the public highways of 
 this state, shall be provided with adequate brakes in good working 
 order and sufficient to control such vehicle at all times when the 
 same is in use, and a suitable and adequate bell, horn or other de- 
 vice for signaling, and shall, during the period from one-half 
 hour after sunset to one-half hour before sunrise, display at least 
 two lighted lamps on the front and one on the rear of such vehicle, 
 which shall also display a red light visible from the rear. The 
 rays of such rear lamp shall shine upon the number plate carried 
 on the rear of such vehicle in such manner as to render the 
 numerals thereon visible for at least fifty feet in the direction from 
 which the motor vehicle is proceeding. The light of the front 
 lamps shall be visible at least two hundred feet in the direction in 
 which the motor vehicle is proceeding. Every person operating 
 or driving a motor vehicle on the public highways of this state 
 
278 
 
 shall also, when approaching a cross road outside the limits of a 
 city or incorporated village, slow down the speed of the same and 
 shall sound his bell, horn or other device for signaling in such a 
 manner as to give notice and warning of his approach. 
 
 2. Stopping on signal, and other regulations. A person operat- 
 ing or driving a motor vehicle shall, on signal by raising the hand, 
 from a person riding, leading or driving a horse or horses or other 
 draft animals, bring such motor vehicle immediately to a stop, 
 and, if traveling in the opposite direction, remain stationary so 
 long as may be reasonable to allow such horse or animal to pass, 
 and, if traveling in the same direction, use reasonable caution in 
 thereafter passing such horse or animal; provided that, in case 
 such horse or animal appears badly frightened or the person operat- 
 ing such motor vehicle is so signaled to do, such person shall cause 
 the motor of such vehicle to cease running so long as shall be rea- 
 sonably necessary to prevent accident and insure the safety of 
 others. In approaching or passing a car of a street railway which 
 has been stopped to allow passengers to alight or embark, the 
 operator of every motor vehicle shall slow down and if it be neces- 
 sary for the safety of the public he shall bring said vehicle to a 
 full stop. Upon approaching a pedestrian who is upon the traveled 
 part of any highway and not upon a sidewalk, and upon approach- 
 ing an intersecting highway or a curve or a corner in a highway 
 where the operator’s view is obstructed, every person operating a 
 motor vehicle shall slow down and give a timely signal with his 
 bell, horn or other device for signaling. 
 
 3. Rules of the road. Whenever a person operating a motor 
 vehicle shall meet on a public highway any other person riding 
 or driving a horse or horses or other draft animals or any other 
 vehicle, the person so operating such motor vehicle shall season- 
 ably turn the same to the right of the center of such highway so 
 as to pass without interference. Any such person so operating 
 a motor vehicle shall, on overtaking any such horse, draft animal 
 or other vehicle, pass on the left side thereof, and the rider or 
 driver of such horse, draft animal or other vehicle shall, as soon 
 as practicable, turn to the right so as to allow free passage on 
 the left. Any such person so operating a motor vehicle shall, 
 at the intersection of public highways, keep to the right of the 
 intersection of the centers of such highways when turning to the 
 right and pass to the right of such intersection when turning 
 to the left. 
 
279 
 
 § 287. Speed permitted. — Every person operating a motor 
 vehicle on the public highway of this state shall drive the same 
 in a careful and prudent manner and at a rate of speed so as not 
 to endanger the property of another or the life or limb of any 
 person; provided, that a rate of speed in excess of thirty miles 
 an hour for a distance of one-fourth of a mile shall be presump- 
 tive evidence of driving at a rate of speed which is not careful and 
 prudent. 
 
 § 288. Local ordinances prohibited. — Except as herein other- 
 wise provided, local authorities shall have no power to pass, en- 
 force or maintain any ordinance, rule or regulation requiring 
 from any owner or chauffeur to whom this article is applicable 
 any tax, fee, license or permit for the use of the public highways, 
 or excluding any such owner or chauffeur from the free use of 
 such public highways, excepting such driveways, speedway or 
 road as has been or may be expressly set apart by law for the 
 exclusive use of horses and light carriages or in any other way 
 respecting motor vehicles or their speed upon or use of the public 
 highways; and no ordinance, rule or regulation contrary to or 
 in anywise inconsistent with the provisions of this article, now 
 in force or hereafter enacted, shall have any effect; provided, 
 however, that the power given to local authorities to regulate 
 vehicles offered to the public for hire, and processions, assem- 
 blages or parades in the streets or public places, and all ordi- 
 nances, rules and regulations which may have been or which may 
 be enacted in pursuance of such powers shall remain in full 
 force and effect ; and provided, further, that local authorities 
 may set aside for a given time a specified public highway for 
 speed contests or races, to be conducted under proper restrictions 
 for the safety of the public; and provided, further, that local 
 authorities may exclude motor vehicles from any cemetery or 
 grounds used for the burial of the dead, and may by general 
 rule, ordinance or regulation exclude motor vehicles used solely 
 for commercial purposes from any park or part of a park system 
 where such general rule, ordinance or regulation is applicable 
 equally and generally to all other vehicles used for the same pur- 
 poses, and provided further that nothing in this article con- 
 tained shall impair the validity or effect of any ordinances, regu- 
 lating the speed of motor vehicles, or of any traffic regulations 
 with regard to the operation of motor vehicles, heretofore or 
 hereafter made, adopted or prescribed pursuant to law in 
 
280 
 
 any city of the first class; provided, further, that the local 
 authorities of other cities and incorporated villages may limit 
 by ordinance, rule or regulation the speed of motor vehicles 
 on the public highways, such speed limitation not to be in any 
 case less than one mile in four minutes, and the maintenance of 
 a greater rate of speed for one-eighth of a mile shall be presump- 
 tive evidence of driving at a rate of speed which is not careful 
 and prudent, and on further condition that each city or village 
 shall have placed conspicuously on each main public highway 
 where the city or village line crosses the same and on every main 
 highway where the rate of speed changes, signs of sufficient size 
 to be easily readable by a person using the highway, bear- 
 ing the word, “ City of ” or “ Incorporated village of 
 
 ,” “ Slow down to — miles” (the rate being inserted), 
 
 and also an arrow pointing in the direction where the speed is to 
 be reduced or changed, and also on further condition that such 
 ordinance, rule or regulation shall fix the punishment for violation 
 thereof, which punishment shall, during the existence of the ordi- 
 nance, rule or regulation, supersede those specified in subdivision 
 two of section two hundred and ninety of this chapter but, except 
 in cities of the first class, shall not exceed the same. Official 
 copies of all local ordinances passed under the provisions of this 
 subdivision shall be filed with the secretary of state at least thirty 
 days before they shall respectively take effect and all such local 
 ordinances shall be printed in pamphlet form and issued at regular 
 intervals by the secretary of state. 
 
 § 289. license of chauffeurs; renewals. — 1 . License of chauf- 
 feurs. Application for license to operate motor vehicles, as a 
 chauffeur, may be made, by mail or otherwise, to the secretary of 
 state or his duly authorized agent upon blanks prepared under his 
 authority. The secretary of state shall appoint examiners and 
 cause examinations to be held at convenient points throughout the 
 state as often as may be necessary. Such applications shall be ac- 
 companied by a photograph of the applicant in such numbers and 
 forms as the secretary of state shall prescribe, said photograph to 
 be taken within thirty days prior to the filing of said application 
 and to be accompanied by the fee provided herein. Before such 
 a license is granted the applicant shall pass such examination as 
 to his qualifications as the secretary of state shall require, and no 
 license shall be issued until the secretary of state or his authorized 
 agent is satisfied that the applicant is a proper person to receive it. 
 
281 
 
 No chauffeur’s license shall be issued to any person under eigh- 
 teen years of age. To each person shall be assigned some distin- 
 guishing number or mark, and the license issued shall be in such 
 form as the secretary of state shall determine; it may contain 
 special restrictions and limitations concerning the type of motor 
 power, horse power, design and other features of the motor vehicles 
 which the licensee may operate ; it shall contain the distinguishing 
 number or mark assigned to the licensee, his name, place of resi- 
 dence and address, a brief description of the licensee for the pur- 
 pose of identification and the photograph of the licensee. Such 
 distinctive number or mark shall be of a distinctly different color 
 each year and in any year shall be of the same color as that of the 
 number plates issued for that year. The secretary of state shall 
 furnish to every chauffeur so licensed a suitable metal badge with 
 the distinguishing number or mark assigned to him thereon with- 
 out extra charge therefor. This badge shall thereafter be worn by 
 such chauffeur pinned upon his clothing in a conspicuous place, 
 at all times while he is operating or driving a motor vehicle upon 
 the public highways. Said badge shall be valid only during the 
 term of the license of the chauffeur to whom it is issued as afore- 
 said. Every person licensed to operate motor vehicles as aforesaid 
 shall indorse his usual signature on the margin of the license, in 
 the space provided for the purpose, immediately upon receipt of 
 said license, and such license shall not be valid until so indorsed. 
 Every application for license filed under the provisions of this 
 section shall be sworn to and shall be accompanied by a fee of five 
 dollars. The license hereunder granted on or before August first, 
 nineteen hundred and ten, shall take effect on that date, and li- 
 censes issued prior to January thirty-first, nineteen hundred and 
 eleven, shall expire on that date. The fees for such licenses shall 
 be one-half of the annual fees provided herein. 
 
 2. Chauffeurs’ licensed registration book. Upon the receipt of 
 such an application, the secretary of state shall thereupon file the 
 same in his office, and register the applicant in a book or index 
 which shall be kept in the same manner as the book or index for 
 the registration of motor vehicles, and when the applicant shall 
 have passed the examination provided for in the preceding section, 
 the number or mark assigned to such applicant together with the 
 fact that such applicant has passed such examination shall be noted 
 in said book or index. 
 
 3. Unauthorized possession or use of license or badge. No 
 chauffeur having been licensed as herein provided shall voluntarily 
 
282 
 
 permit any other person to possess or use his license or badge, nor < 
 
 shall any person while operating or driving a motor vehicle use or 
 possess any license or badge belonging to another person, or a 
 fictitious license or badge. 
 
 4. Unlicensed chauffeurs cannot drive motor vehicle. Uo person * 
 
 shall operate or drive a motor vehicle as a chauffeur upon a public 
 highway of this state after the first day of August, nineteen hun- 
 dred and ten, unless such person shall .have complied in all 
 
 respects with the requirements of this section; provided, however, 
 that a nonresident chauffeur, who has registered under provisions 
 of law of the foreign country, state, territory or federal district of 
 his residence substantially equivalent to the provisions of this 
 section, shall be exempt from license under this section; and pro- 
 vided, further, he shall wear the badge assigned to him in the 
 foreign country, state, territory or federal district of his residence 
 in the manner provided in this section. 
 
 5. Renewal. Such license shall be renewed annually upon the 
 payment of the same fee as provided in this section for the orig- 
 inal license, such renewal to take effect on the first day of Feb- 
 ruary of each year. 
 
 § 290. Punishment for violation; procedure. — 1. The violation 
 of any of the provisions of sections two hundred and eighty-two, 
 two hundred and eighty-three and two hundred and eighty-four 
 of this article shall cnstitute a misdemeanor punishable by a fine 
 not exceeding fifty dollars. 
 
 2. The violation of any of the provisions of section two hun- 
 dred and eighty-seven of this article shall constitute a misde- 
 meanor punishable by a fine not exceeding one hundred dollars. 
 
 3. Punishment for operating motor vehicle while in an intoxi- 
 cated condition; for going away without stopping after accident 
 and making himself known. Whoever operates a motor vehicle 
 while in an intoxicated condition shall be guilty of a misdemeanor. 
 
 Any person operating a motor vehicle who, knowing that injury 
 has been caused to a person or property, due to the culpability of 
 the said operator, or to accident, leaves the place of said injury or 
 accident, without stopping and giving his name, residence, includ- 
 ing street and street number, and operator’s license number to the 
 injured party, or to a police officer, or in case no police officer is 
 in the vicinity of the place of said injury or accident, then report- 
 ing the same to the nearest police station, or judicial officer, shall 
 be guilty of a felony punishable by a fine of not more than five 
 
283 
 
 hundred dollars or by imprisonment for a term not exceeding two 
 years, or by both such fine and imprisonment; and if any person 
 be convicted a second time of either of the foregoing offenses, he 
 shall be guilty of a felony punishable by imprisonment for a term 
 of not less than one year and not more than five years. A con- 
 viction of a violation of this subdivision shall be reported forth- 
 with by the trial court or the clerk thereof to the secretary of 
 state, who shall upon recommendation of the trial court suspend 
 the license of the person so convicted or if he be an owner the cer- 
 tificate of registration of his motor vehicle and, if no appeal there- 
 from be taken, or if an appeal duly taken be dismissed, or the 
 judgment affirmed, and upon notice thereof by said clerk, the secre- 
 tary of state shall revoke such license or in the case of an owner 
 the certificate of registration of his motor vehicle, and shall order 
 the license or certificate of registration delivered to the secretary 
 of state, and shall not reissue to him said license or certificate of 
 registration or any other license or certificate of registration unless 
 the secretary of state in his discretion, after an investigation or 
 upon a hearing, decides to reissue or issue such license or certifi- 
 cate. 
 
 4. Any chauffeur operating a motor vehicle while his license is 
 suspended or revoked shall be guilty of a misdemeanor. 
 
 5. Any person who operates any motor vehicle while a certifi- 
 cate of registration of motor vehicle issued to him is suspended or 
 revoked shall be guilty of a misdemeanor. 
 
 6. Upon a third or subsequent conviction of a chauffeur for a 
 violation of the provisions of section two hundred and eighty-seven, 
 or an ordinance, rule or regulation regulating speed of motor 
 vehicles under section two hundred and eighty-eight, the secretary 
 of state, upon the recommendation of the trial court, shall forth- 
 with revoke the license of the person so convicted and no new 
 license shall be issued to such person for at least six months after 
 the date of such conviction nor thereafter except in the discretion 
 of the said secretary of state. 
 
 7. The violation of any of the provisions of section two hun- 
 dred and eighty-nine of this article shall constitute a misde- 
 meanor punishable by a fine not exceeding fifty dollars. 
 
 8. Any person making a false statement in the verified appli- 
 cation for registration shall be guilty of a misdemeanor punish- 
 able by a fine of not exceeding fifty dollars. 
 
 9. Any person violating any of the provisions of any section 
 of this article for which violation no punishment has been speci- 
 
284 
 
 tied, shall be guilty of a misdemeanor punishable by a fine of * 
 
 not exceeding twenty-five dollars. 
 
 10. Certifying conviction to the secretary of state. Upon the 
 conviction of any person for a violation of any of the provisions 
 of this article the trial court or the clerk thereof shall immediately 
 certify the facts of the case, including the name and address of 
 the offender, the judgment of the court and the sentence im- 
 posed, to the secretary of state, who shall enter the same either 
 in the book or index of registered motor vehicles or in the book 
 or index of registered chauffeurs, as the case may be, opposite 
 the name of the person so convicted, and in the case of any 
 other person, in a book or index of offenders to be kept for such 
 purpose. If any such conviction shall be reversed upon appeal 
 therefrom, the person whose conviction has been so reversed may 
 serve on the secretary of state a certified copy of the order of 
 reversal, whereupon the secretary of state shall enter the same 
 in the proper book or index in connection with the record of 
 such conviction. 
 
 11. Release from custody, bail, et cetera. In case any person 
 shall be taken into custody charged with a violation of any of the 
 provisions of this article, he shall forthwith be taken before the 
 nearest magistrate, captain, lieutenant, clerk of the court or act- 
 ing lieutenant who shall have the power of a magistrate and be 
 entitled to an immediate hearing or admission to bail, and if such 
 hearing cannot then be had, be released from custody on giving a 
 bond or undertaking, executed by a fidelity or surety company au- 
 thorized to do business in this state, or other bail in the form pro- 
 vided by section five hundred and sixty-eight of the code of crim- 
 inal procedure, such bond or undertaking to be in an amount not 
 exceeding one hundred dollars, if the charge be for a misdemeanor, 
 for his appearance to answer for such violation at such time and 
 place as shall then be indicated. In case a person is taken into 
 custody charged with being guilty of a felony in violation of any 
 of the provisions of this article, such bond or undertaking shall 
 be in an amount not less than one thousand dollars. On giving 
 his personal undertaking to appear to answer any such violation 
 at such time and place as shall then be indicated, secured by the 
 deposit of a sum of money equal to the amount of such bond or 
 undertaking, or in lieu thereof, in case the person taken into cus- 
 tody is the owner, by leaving the motor vehicle, or in case such 
 person taken into custody is not the owner, by leaving the motor 
 
285 
 
 vehicle as herein provided with a written consent given at the 
 time by the owner who must be present, with such officer ; or in 
 case such person is taken into custody because of a violation of 
 any of the provisions of this article other than on a charge of 
 violating any of the provisions of subdivision three of section two 
 hundred and ninety and such officer is not accessible, be forthwith 
 released from custody on giving his name and address to the per- 
 son making the arrest and depositing with such arresting officer 
 the sum of one hundred dollars, or in lieu thereof, in case the 
 person taken into custody is the owner, by leaving the motor 
 vehicle, or in case such person taken into custody is not the owner, 
 by leaving the motor vehicle with a written consent at the time 
 by the owner who must be present; provided that, in any such 
 case, the officer making the arrest shall give a receipt in writing 
 for such sum or vehicle deposited and notify such person to appear 
 before the most accessible magistrate, describing him, and specify- 
 ing the place and hour. In case such bond or undertaking shall 
 not be given or deposit made by the owner or other person taken 
 into custody the provisions of law in reference to bail, in cases of 
 misdemeanor, shall apply. Where the charge is a violation of sub- 
 division three of section two hundred and ninety of this article, 
 the provisions of law in reference to bail in cases of a misdemeanor 
 or a felony as the case may be shall apply exclusively. 
 
 12. Holding defendant to answer where magistrate has not 
 jurisdiction to try offender; admitting to bail. In case the mag- 
 istrate before whom any person shall be taken, charged with the 
 violation of any provision of this article, shall not have jurisdic- 
 tion to try the defendant, but shall hold the defendant to answer 
 as provided by section two hundred and eight of the code of crim- 
 inal procedure, he shall admit such defendant to bail upon his 
 giving a surety company’s bond or undertaking to appear to an- 
 swer for such violation at such time and place as shall then be 
 indicated, or upon his giving a written undertaking in the form 
 provided in section five hundred and sixty-eight of the code of 
 criminal procedure in a sum not exceeding one hundred dollars, 
 except that in a case where the defendant is charged with a viola- 
 tion of any of the provisions of subdivision three of section two 
 hundred and ninety of this article, the provisions of law in refer- 
 ence to bail in cases of a misdemeanor or a felony as the case may 
 be shall apply exclusively. 
 
 13. Disposition and return of bail. Such bail as may be de- 
 posited as herein provided shall be held by the officer accepting the 
 
286 
 
 same or the clerk of the court. Upon the person who has been 
 taken into custody and given security or hail for his appearance 
 surrendering himself for trial and upon the conclusion of such 
 trial the court shall issue to the defendant an order upon the mag- 
 istrate or clerk of the court or other officer authorized to accept 
 hail to return or deliver hack said security or hail as was given. 
 
 14. A conviction of violation of any provision of this article 
 shall not he a har to a prosecution for an assault or for a homicide 
 committed hy any person in operating a motor vehicle. 
 
 § 291. Disposition of registration fees; fines and penalties. — 
 
 1. The registration fees provided herein shall he paid by the 
 secretary of state into the state treasury. 
 
 2. Disposition of fines and penalties. On the first day of each 
 month or within ten days thereafter all fines, penalties or for- 
 feitures collected for violations of any of the provisions of this 
 article or of any act in relation to the use of the public highways 
 hy motor vehicles now in force or hereafter enacted, under the 
 sentence or judgment of any court, judge, magistrate or other 
 judicial officer having jurisdiction in the premises, shall be paid 
 over by such court, judge, magistrate or other judicial officer 
 to the treasurer of the state, with a statement accompanying the 
 same, setting forth the action or proceeding in which such moneys 
 were collected, the name and residence of the defendant, the 
 nature of the offense, and the fine, penalty, sentence or judg- 
 ment imposed. On the first day of each month or within ten 
 days thereafter, every judge, magistrate or clerk of a court having 
 jurisdiction of the violation of any of the provisions of this article, 
 shall make and forward to the treasurer of the state, a verified 
 report of all criminal actions or proceedings instituted or tried 
 before him or it during the preceding calendar month for viola- 
 tion of any of the provisions of this article, which report shall 
 set forth the name and address of the defendants, the nature of 
 the offenses and the fines and penalties collected or imposed hy 
 such court, judge, magistrate or judicial officer, which report 
 shall he open to inspection during reasonable business hours to 
 any citizen of the state. On or before the first day of February 
 of each year, the treasurer shall transmit to each branch of the 
 legislature a statement showing the amount of the receipts under 
 this article during the preceding fiscal year paid into the state 
 treasury. 
 
 3. All moneys paid into the state treasury pursuant to this 
 article shall be appropriated and used for the maintenance and 
 
repair of the improved ro'ads of the state, under the direction of 
 the state commission of highways. 
 
 § 292. Hates of toll on motor vehicles. — Where a different 
 rate is not otherwise prescribed or permitted by law, any person 
 or corporation maintaining a plankroad, turnpike road or bridge 
 and authorized, or which shall be hereafter authorized, to receive 
 tolls for the passage of vehicles over the same, may charge and 
 receive for each and every motor vehicle propelled by any power 
 other than animal power, passing over the same, a toll rate not 
 greater than the maximum rate allowed by law to be charged 
 and received for the passage of a vehicle drawn over such road 
 or bridge by two animals, provided that for such motor vehicles 
 designed to carry only two persons the rate of toll charged or 
 received shall not exceed the maximum rate allowed by law to 
 be charged and received for the passage of a vehicle drawn over 
 such road or bridge, without a load, by a single animal. 
 
 § 293. Acts repealed. — ‘All acts or parts of acts inconsistent 
 with this article or contrary thereto are hereby expressly repealed. 
 
 ARTICLE XII. 
 
 Miscellaneous Provisions. 
 
 Section 320. Construction or improvement of highways by county and town. 
 
 321. When commissioners do not act. 
 
 322. Intemperate drivers not to be engaged. 
 
 323. Drivers, when to be discharged. 
 
 324. Leaving horses without being tied. 
 
 325. Owners of certain carriages liable for acts of drivers. 
 
 326. Term “ carriage ” defined. 
 
 327. Entitled to free use of highways. 
 
 328. Depositing ashes, stones, sticks, etc., upon the highways. 
 
 329. Steam traction engines on highways. 
 
 330. Injuries to highways. 
 
 331. When town not liable for damages. 
 
 332. Law of the road. 
 
 333. Trees, to whom they belong. 
 
 334. Injuring fruit or shade trees. 
 
 335. Penalty for falling trees. 
 
 336. Fallen trees to be removed. 
 
 337. Penalties, how recovered. 
 
 338. Acquisition of plank roads. 
 
 339. Borrowing money; bonds. 
 
 340. Raising money to pay bonds and interest. 
 
 341. Roads so acquired to be part of highway system. 
 
 342. When road is in two or more counties. 
 
 343. Albany post road; railroad tracks thereon. 
 
288 
 
 § o20. Construction or improvement of highways by county and 
 town. — The board of supervisors of a county may provide for 
 the construction or improvement of a highway or section thereof 
 in one or more towns of the county at the joint expense of the 
 county and town, as provided in this section. The board may, by 
 resolution, direct the district or county superintendent to exam- 
 ine such highway or section thereof, and if the board considers 
 such highway or section thereof to be of sufficient importance to 
 be constructed or improved as provided herein, it shall direct such 
 district or county superintendent to prepare or cause to be pre- 
 pared maps, plans, specifications and estimates therefor. Upon 
 the completion of such preliminary maps, plans, specifications and 
 estimates they shall be submitted to the board of supervisors for 
 approval, and such board may thereupon adopt a resolution pro* 
 viding for the construction or improvement of such highway in ac- 
 cordance with such plans, specifications and estimates. The board 
 of supervisors shall award contracts for the construction or im- 
 provement of such highway and the provisions of section one hun- 
 dred and thirty of this chapter shall apply so far as may be to such 
 contracts. Such contract may be awarded to the town board of 
 any town in which such highway or section thereof is located and 
 the provisions of section one hundred and thirty-one of this chap- 
 ter shall apply thereto so far as may be. The board of supervisors 
 shall determine the portion of the cost of the construction or im- 
 provement of such highway to be borne by the county and the 
 portion to be borne by the town or towns in which such highway is 
 located. The amount so determined to be borne by the county shall 
 be levied and collected as a county charge and paid into the county 
 treasury. The amount to be borne by the town or towns in which 
 the highway is located shall be levied and collected as a town 
 charge and when collected shall be paid into the county treasury. 
 The amount so paid by the town shall not be considered in deter- 
 mining the minimum amount to be levied and collected in each 
 year for the repair and improvement of highways as provided in 
 section ninety-four of this chapter nor shall such amount be con- 
 sidered in determining the amount to be paid by the state to the 
 town for the repair and improvement of the highways therein. 
 The resolution of the board of supervisors providing for the con- 
 struction or improvement of such highway may authorize the 
 county treasurer of the county or the supervisors of the respective 
 towns to borrow money on the faith and credit of the county or of 
 such towns to pay the portion of the cost of such construction or 
 
289 
 
 improvement to be borne respectively by the county or such town 
 or towns. Such resolution may also provide for the issue and sale 
 of such bonds and shall conform so far as may be with the pro- 
 visions of this chapter relating to a resolution authorizing a town 
 to borrow money for highway purposes. 
 
 The construction or improvement authorized by such resolu- 
 tions shall be done under the supervision and direction of the 
 district or county superintendent. Payments therefor shall be 
 made from time to time by the county treasurer upon the certifi- 
 cate of the district or county superintendent indorsed by the chair- 
 man of the board of supervisors. Such highways, when com- 
 pleted and accepted by the board of supervisors, shall be there- 
 after repaired and maintained at the sole expense of the towns in 
 which they are located, unless the board of supervisors shall ap- 
 portion a share of the expense thereof upon the county. 
 
 § 321. When commissioners do not act. — When a commissioner 
 or other officer appointed by a court under this chapter shall neg- 
 lect or be prevented from serving, the courts which appointed him 
 shall appoint another in his place. 
 
 § 322. Intemperate drivers not to be engaged. — No person own- 
 ing any carriage for the conveyance of passengers, running or 
 traveling upon any highway or road, shall employ, or continue in 
 employment, any person to drive such carriage who is addicted to 
 drunkenness, or to the excessive use of spirituous liquors ; and if 
 any such owner shall violate the provisions of this section, he shall 
 forfeit at the rate of five dollars per day, for all the time during 
 which he shall have kept any such driver in his employment. 
 
 § 323. Drivers, when to be discharged. — If any driver, while 
 actually employed in driving any such carriage, shall be guilty of 
 intoxication, to such a degree as to endanger the safety of the pas- 
 sengers in the carriage, the owner of such carriage shall, on receiv- 
 ing written notice of the fact, signed by any one of said passen- 
 gers, and certified by him on oath, forthwith discharge such driver 
 from his employment ; and every such owner, who shall retain, or 
 have in his service within six months after the receipt of such 
 notice, any driver who shall have been so intoxicated, shall forfeit 
 at the rate of five dollars per day, for all the time during which 
 he shall keep any such driver in his employment after receiving 
 such notice. 
 
 § 324. leaving horses without being tied. — No driver of any 
 carrige used for the purpose of conveying passengers for hire shall 
 19 
 
290 
 
 leave the horse attached thereto, while passengers remain in the 
 same, without first making such horses fast with a sufficient halter, 
 rope or chain, or by placing the lines in the hands of some other 
 person so as to prevent their running ; and if any such driver shall 
 offend against the provisions of this section, he shall forfeit the 
 sum of twenty dollars. 
 
 § 325. Owners of certain carriages liable for acts of drivers. — 
 
 The owners of every carriage running or traveling upon any turn- 
 pike, road or highway, for the conveyance of passengers, shall be 
 liable jointly and severally, to the party injured, for all injuries 
 and damages done by any person in the employment of such own- 
 ers, as a driver, while driving such carriage, whether the act 
 occasioning such injury or damage be wilful or negligent, or 
 otherwise, in the same manner as such driver would be liable. 
 
 § 326. Term “carriage” defined. — The term “ carriage ” as 
 used in this article shall be construed to include stage coaches, 
 wagons, carts, sleighs, sleds, automobiles or motor vehicles, and 
 every other carriage or vehicle used for the transporation of per- 
 sons and goods, or either of them, and bicycles, tricycles and all 
 other vehicles propelled by manumotive or pedomotive power, or 
 by electricity, steam, gasoline or other source of energy. 
 
 § 327. Entitled to free use of highways. — The commissioners, 
 trustees or other authorities having charge or control of any high- 
 way, public street, park, parkway, driveway, or place, shall have 
 no power or authority to pass, enforce or maintain any ordinance, 
 rule or regulation by which any person using a bicycle or tricycle 
 shall be excluded or prohibited from the free use of any highway, 
 public street, avenue, roadway, driveway, parkway, park, or 
 place, at any time when the same is open to the free use of persons 
 having and using other pleasure carriages, except upon such 
 driveway, speedway or road as has been or may be expressly set 
 apart by law for the exclusive use of horses and light carriages. 
 But nothing herein shall prevent the passage, enforcement or 
 maintenance of any regulation, ordinance or rule, regulating the 
 use of bicycles or tricycles in highways, public streets, driveways, 
 parks, parkways, and places, or the regulation of the speed of 
 carriages, vehicles or engines, in public parks and upon parkways 
 and driveways in the city of New York, under the exclusive juris- 
 diction and control of the department of parks of said city, nor 
 prevent any such commissioners, trustees or other authorities in 
 any other city from regulating the speed of any vehicles herein 
 described in such manner as to limit and determine the proper 
 
291 
 
 rat© of speed with which such vehicle may be propelled nor in 
 such manner as to require, direct or prohibit the use of bells, 
 lamps and other appurtenances nor to prohibit the use of any 
 vehicle upon that part of the highway, street, park, or parkway, 
 commonly known as the footpath or sidewalk. 
 
 § 328. Depositing ashes, stones, sticks, etc., upon the highway. — 
 Any person who shall deposit or throw loose stones in the gutter 
 or grass adjoining a highway, or shall deposit or throw upon a 
 highway, ashes, papers, stones, sticks, or other rubbish, shall be 
 liable to a penalty of ten dollars to be sued for and recovered by 
 the town superintendent. USTo stone or other rubbish shall be 
 drawn to and deposited within the limits of any highway, except 
 for the purpose of tilling in a depression or otherwise improving 
 the highway, without the consent and under the direction of the 
 town superintendent. 
 
 § 329. Steam traction engines on highways. — The owner of a 
 steam roller, steam traction engine or any other machinery, either 
 propelled or driven by steam, his servant or agent shall not allow, 
 permit or use the same, pass over, through or upon any public 
 highway or street except upon railroad tracks, unless such owner 
 or his agents or servant shall send before the same a person of 
 mature age, at least one-eighth of a mile in advance, who shall 
 notify and warn persons traveling and using such highway or 
 street with horses or other domestic animals, of the approach 
 thereof, and at night such person shall carry a red light, except 
 in incorporated villages and cities. 
 
 Damages for failure to comply. Where a steam roller is used upon the 
 highway without sending a person ahead to warn travelers of its approach, 
 and the plaintiff’s horse is frightened thereby, a verdict for the plaintiff is 
 warranted if there be no contributory negligence on his part. Buchanan’s 
 Sons v. Cranford Co., 112 App. Div. 278, 98 App. Div. 378 (1906). 
 
 § 330. Injuries to highways.— Whoever shall injure any high- 
 way or bridge maintained at the public expense, by obstructing 
 or diverting any creek, water-course or sluice, or by dragging 
 logs or timber on its surface or by drawing or propelling over the 
 same a load of such weight as to injure or destroy the culverts 
 or bridges along the same, or of such weight that will destroy, break 
 or injure the surface of any improved state, county or town high- 
 way, or by any other act, or shall injure, deface or destroy any 
 mile-stone or guide-post erected on any highway, shall for every 
 such offense forfeit treble damages. 
 
 Amended by L. 1910, cli. 568. 
 
292 
 
 § 331. When town not liable for damages. — No town shall be * 
 
 liable for any damage resulting to person or property by the 
 reason of the breaking of any bridge, sluice or culvert, by trans- 
 portation on the same of any traction engine, portable piece of 
 machinery, or of any vehicle or load, together weighing eight 
 tons or over, but any owner thereof or other person engaged in 
 transporting or directing the same shall be liable for all damages 
 resulting therefrom. 
 
 § 332. Law of the road. — 1. Whenever any persons traveling 
 with any carriages, or riding horses or other animals, shall meet 
 on any turnpike road or highway, the persons so meeting shall 
 seasonably turn their carriages, horses, or other animals to the 
 right of the center of the road, so as to permit such carriages, 
 horses, or other animals to pass without interference or inter- 
 ruption. 
 
 2. Any carriage or the rider of a horse or other animal, over- 
 
 taking another shall pass on the left side of the overtaken car- 
 riage, horse or other animal. When requested to do so, the 4 
 
 driver or person having charge of any carriage, horse or other 
 
 animal, traveling, shall, as soon as practicable, turn to the right, 
 so as to allow any overtaking carriage, horse or other animal free 
 passage on his left. 
 
 3. In turning corners to the right, carriages, horses or other 
 animals shall keep to the right of the center of the road. In 
 turning corners to the left, they shall pass to the right of the 
 center of intersection of the two roads. 
 
 4. Any person neglecting to comply with, or violating any 
 provision of this section shall be liable to a penalty of five dollars 
 to be recovered by the party injured, in addition to all damages 
 caused by such neglect or violation. 
 
 § 333. Trees; to whom they belong.— All trees standing or 
 lying on any land within the bounds of any highway, shall be for * 
 
 the proper use of the owner or occupant of such land, except 
 that they may be required to repair the highway or bridges of 
 the town. * 
 
 § 334. Injuring fruit or shade trees. — It shall be unlawful 
 for any person or persons whatsoever in this state to hitch any 
 horse or other animal to or leave the same standing near enough 
 to injure any fruit or forest tree growing within the bounds of 
 the public highway, or used as a shade or ornamental tree around 
 any schoolhouse, church or public building, or to cut down or 
 
293 
 
 mutilate in any way any snch ornamental or shade tree; but the 
 right of property owners along the highway to cultivate, train and 
 use such shade trees shall not be impaired or abridged hereby. 
 Any person or persons guilty of violating the provisions of this 
 section shall be deemed guilty of misdemeanor, and shall be pun- 
 ishable by a fine of not less than five dollars, nor more than 
 twenty-five dollars for each such offense, and in case of failure to 
 pay any fine imposed, may be committed to jail, not exceeding 
 one day for each dollar of such fine. Courts of special sessions hav- 
 ing jurisdiction to try misdemeanors, as provided by section fifty- 
 six of the code of criminal procedure, shall have exclusive juris- 
 diction to try offenders in all cases occurring in the same manner 
 as in other cases, where they now have jurisdiction, and subject 
 to the same power of removal, and to render and enforce judg- 
 ments, to the extent herein provided. All fines collected under the 
 provisions of this act shall be paid when the offense is committed 
 in a town outside of incorporated villages, to the supervisor of 
 the town, to be used as the town board and town superintendent 
 may direct. When the offense is committed in any village of 
 the county, which by law is constituted a separate road district, 
 the fine shall be paid to the treasurer of said village, to be used 
 as the board of trustees may direct. 
 
 § 335. Penalty for falling trees. — If any person shall cut down 
 any tree on land not occupied by him, so that it shall fall into any 
 highway, river or stream, unless by the order and consent of the 
 occupant, the person so offending shall forfeit to such occupant 
 the sum of one dollar for every tree so fallen, and the like sum for 
 every day the same shall remain in the highway, river or stream. 
 
 § 336. Fallen trees to be removed. — If any tree shall fall, or be 
 fallen by any person from any inclosed land into any highway, 
 any person may give notice to the occupant of the land from which 
 the tree shall have fallen, to remove the same within two days ; if 
 such tree shall not be removed within that time, but shall continue 
 in the highway, the occupant of the land shall forfeit the sum of 
 fifty cents for every day thereafter, until the tree shall be removed. 
 
 § 337. Penalties, how recovered. — All penalties or forfeitures 
 given in this chapter, and not otherwise specially provided for, 
 shall be recovered by the town superintendent, in the name of the 
 town in which the offense shall be committed; and when recov- 
 ered, shall be applied by them in improving the highways and 
 bridges in such town. 
 
294 
 
 § 338. Acquisition of plank roads. — The board of supervisors 
 
 of any county, except a county wholly within the city of New 
 York, and except the counties of Erie and Essex, may by a vote of 
 a majority of the members thereof, by resolution, determine to ac- 
 quire the rights and franchises of any individual or corporation, 
 lawfully entitled to exact toll or charge for walking, riding or 
 driving over any plankroad or turnpike, or a bridge within such 
 county, erected over any unnavigable stream, or over the Hudson 
 river above Waterford. Upon the adoption of such resolution, the 
 board of supervisors shall acquire such rights, franchises and prop- 
 erty by purchase, if able to agree with the owners thereof, and 
 otherwise by condemnation in the name of the county. 
 
 § 339. Borrowing money; bonds. — The board of supervisors of 
 such county may borrow money for the acquisition of such rights, 
 franchises, and property, and may issue the bonds or other evi- 
 dences of indebtedness of the county therefor, but such bonds or 
 other evidences of indebtedness shall not bear a rate of interest ex- 
 ceeding five per centum per annum and shall not run for a longer 
 period than twenty years and shall not be sold for less than par. 
 
 § 340. Raising money to pay bonds and interest. — Except in 
 the counties of Rensselaer, Onondaga, Albany and Columbia, the 
 amount of such bonds in whole or in part together with the interest 
 thereon may be apportioned by the boards of supervisors upon the 
 towns, cities and villages constituting separate highway districts, 
 in which such plankroad, turnpike or bridge is located, in such 
 proportions as the boards may deem just and the amount so ap- 
 portioned to each municipality for the payment of the principal 
 and interest of such bonds shall be annually levied and collected at 
 the same time and in the same manner as money for other county 
 charges. In the counties of Rensselaer and Columbia, the boards 
 of supervisors, in making up the annual tax budget of the counties, 
 shall each year levy and assess upon and against the taxable prop- 
 erty in said counties in addition to the amounts levied and assessed 
 for other county charges, an amount sufficient to pay the interest 
 falling due and payable on the said bonds during such year, and 
 also an amount sufficient to pay the proportion of the years fixed 
 at the time during which said bonds shall run from their issue to 
 maturity. The amount raised by tax in each year for the payment 
 of the principal of said bonds shall be preserved intact by the 
 county treasurers of said counties until said bonds mature and 
 are payable, and upon the maturity of said bonds, said county 
 
295 
 
 treasurer shall pay the same in full out of the moneys so raised 
 by annual tax therefor and shall thereupon take hack said bonds 
 with receipts for the payment thereof and deliver them to the 
 boards of supervisors of said counties for cancellation. Said 
 county treasurer shall deposit at interest the said moneys yearly 
 raised by tax for payment of the principal of said bonds in such 
 bank or depository as shall be designated by the boards of super- 
 visors of said counties, and the amount realized from the interest 
 thereon shall he used for the purposes of the said counties under 
 the direction of the said hoards of supervisors. 
 
 § 341. Roads so acquired to be part of highway system. — A 
 plankroad, turnpike or bridge acquired pursuant to this article 
 shall become a part of a highway system of such county and of 
 the towns, cities and villages in which the same is located, and 
 shall thereafter be repaired and maintained in the same manner 
 as the other highways or bridges therein. 
 
 § 342. When road is in two or more counties. — When a plank- 
 road, turnpike, toll road or bridge is partly in one county and 
 partly in another, the boards of supervisors of the said counties 
 shall act together in the manner prescribed above, and determine 
 the amount to be paid to said plankroad, turnpike, toll road or 
 bridge company, by each county, and such amount against each 
 county, after such determination, shall he paid by each county. 
 
 § 343. Albany post road ; railroad tracks thereon. — The old 
 established road along the valley of the Hudson river from the 
 city of Hew York to the city of Albany, known as the Albany 
 post road, shall be a public highway for the use of the traveling 
 public forever. The said highway shall he kept open and free 
 to all travelers, and shall not be obstructed in any way by any 
 obstacle to free travel. Ho trustees of any village or corporation 
 of any city upon its route, or town superintendents of highways 
 of towns, or any other person or board whatever, shall have any 
 power or authority to authorize or license the laying of any rail- 
 road track upon said highway, except to cross the same, and any 
 such action shall be void and of no effect. This section shall not 
 apply to any portion of said road within the city of Hew York, 
 nor shall it apply to the road of the president, directors and com- 
 pany of the Rensselaer and Columbia turnpike, nor to the town of 
 Cortlandt or the village of Sing Sing, in Westchester county. 
 
 Amended by L. 1910, ch. 658, 
 
296 
 
 ARTICLE XIII. 
 
 Saving Clause; Laws Repealed; When to Take Effect. 
 
 Section 350. Transfer of powers and duties of state engineer. 
 
 351. Transfer of records; eligibility of present employees. 
 
 352. County engineers and superintendents of highways to be con- 
 
 tinued in office. 
 
 353. Pending actions or proceedings. 
 
 354. Saving clause. 
 
 355. County highway maps preserved. 
 
 356. Construction. 
 
 357. When to take effect. 
 
 358. Laws repealed. 
 
 § 350. Transfer of powers and duties of state engineer. — On 
 
 and after the taking effect of this chapter, and the appointment 
 and qualification of the state commission as herein authorized, ali 
 the powers and duties of the state engineer in respect to highways 
 and bridges, conferred and imposed by any statute of this state, 
 shall be transferred to the department of highways to be exercised 
 and performed by the state commission of highways as provided 
 herein. 
 
 § 351. Transfer of records; eligibility of present employees.— 
 
 The state engineer shall transfer and deliver to the state commis- 
 sion of highways all contracts, books, maps, plans, papers and 
 records of whatever description, in his possession when such com- 
 mission is appointed and have qualified, pertaining to the con- 
 struction, improvement, maintenance and supervision of highways 
 and bridges and such commission is authorized at such time to 
 take possession of all such contracts, books, maps, plans, papers 
 and records. The commission may also retain in its employment 
 resident and other engineers, levelers, rodmen, clerks and em- 
 ployees engaged or connected with the department of highways 
 in the office of the state engineer, or employed by him in con- 
 nection with the powers and duties exercised and performed by 
 him in respect to highways and bridges, and all such engineers, 
 clerks and employees shall be eligible to transfer and appointment 
 to positions under the commission. 
 
 § 352. County engineers and superintendents of highways to be 
 continued in office. — County engineers and superintendents of 
 highways in office when this chapter takes effect shall be continued 
 in office during their present term of office and until the district or 
 
297 
 
 county superintendents shall have been appointed and have quali- 
 fied as provided in this chapter. Such county engineers and 
 superintendents of highways shall exercise the powers and per- 
 form the duties hereby conferred and imposed upon district or 
 county superintendents until the appointment and qualification 
 of a district or county superintendent as above provided. Upon 
 the appointment and qualification of a district or county super- 
 intendent for the county for which such county engineer or super- 
 intendent of highways is appointed' all contracts, books, maps, 
 plans, papers, and records pertaining to the construction, improve- 
 ment, maintenance and supervision of highways in such county 
 shall be transferred to such district or county superintendent. 
 
 § 353. Pending actions or proceedings. — This chapter shall not 
 affect pending actions or proceedings, civil or criminal, pertain- 
 ing to the construction, improvement, maintenance, supervision 
 or control of highways and bridges, brought by or against the 
 state engineer, or county engineer or a county superintendent 
 of highways, or a commissioner of highways, under the provisions 
 of any statute hereby repealed, but the same may be prosecuted 
 or defended in the same manner by the commission or by the 
 officer having jurisdiction in respect thereto. Any investigation, 
 examination or proceeding undertaken, commenced or instituted 
 by the state engineer, county engineer or highway commissioner 
 or either of them relating to highways or bridges may be con- 
 ducted or continued to a final determination by the proper officer 
 hereunder, in the same manner, and under the same terms and 
 conditions, and with the same effect as though this chapter had 
 not been passed. 
 
 § 354. Saving clause. — The repeal of a law, or any part of it 
 specified in the annexed schedule shall not affect or impair any 
 contract, or any act done, or right accruing, accrued or acquired 
 or any penalty, forfeiture, or punishment incurred prior to the 
 time when this chapter or any section thereof takes effect, under 
 or by virtue of the laws so repealed, but the same may be asserted, 
 enforced, prosecuted, or inflicted, as fully and to the same extent, 
 as if such laws had not been repealed. The provisions of this 
 chapter shall not affect or impair any act done or right accruing, 
 accrued or acquired under or in pursuance of any resolution 
 adopted by the board of supervisors of a county, on or before the 
 thirty-first day of December, nineteen hundred and eight, request- 
 ing the construction or improvement of a highway therein, as 
 
298 
 
 provided in chapter one hundred and fifteen of the laws of eigh- 
 teen hundred and ninety-eight, and the acts amendatory thereof, 
 or under or in pursuance of any resolution adopted on or before 
 such date by a board of supervisors, under such act and the acts ^ 
 
 amendatory thereof, providing for the construction or improve- 
 ment of a highway in a county in accordance with maps, plans 
 and specifications submitted to such board by the state engineer, 
 or under or in pursuance of any contract for the construction or 
 improvement of a highway, awarded as provided in such chapter 
 one hundred and fifteen of the laws of eighteen hundred and 
 ninety-eight, and the acts amendatory thereof. All further pro- 
 ceedings in respect to such highway shall he taken in accordance 
 with the provisions of this chapter. 
 
 § 355. County highway maps preserved.— The county highways sJ 
 
 to be selected by the commission for construction or improvement, 
 as provided in this chapter, shall be the highways in the respec- 
 tive counties designated upon the map of the highways of the 
 state, prepared by the state engineer as provided by law, and 
 approved by the legislature by chapter seven hundred and fifteen 
 of the laws of nineteen hundred and seven; except the highways 
 on such map which have been designated and described as state 
 highways by section one hundred and twenty of this chapter. 
 
 Such map shall remain in full force and effect notwithstanding 
 the repeal of such chapter seven hundred and fifteen of the laws 
 of nineteen hundred and seven by this chapter; except that the 
 board of supervisors of any county is hereby authorized to modify 
 the designation of county highways on such map by resolution 
 duly adopted by a majority vote of the members of such board, 
 provided the total mileage as originally designated upon the 
 county map in such county is not thereby materially increased. 
 
 A certified copy of such resolution shall be transmitted to the \ 
 
 commission, or to the state engineer if the same be adopted prior 
 to the appointment and qualifications of the commission. 
 
 § 356. Construction.- — Wherever the term state engineer shall 
 occur in any law, contract or document such term shall be deemed 
 to refer to the state commission of highways as established by 
 this chapter so far as such law, contract or document pertains 
 to matters which are within the jurisdiction of such commission 
 of highways. Wherever the term county engineer or county 
 superintendent of highways is used in any such law, contract 
 or document such term shall be deemed to refer to and include 
 
299 
 
 the county or district superintendent having jurisdiction of the 
 matter contained in such law, contract or document. 
 
 The provisions of this chapter so far as they are substantially 
 the same as those existing at the time they shall take effect, shall 
 be construed as a continuation of such laws, modified or amended, 
 according to the language employed in this chapter, and not as 
 new elements. References in laws not repealed to provisions 
 of law incorporated in this chapter and repealed, shall be con- 
 strued as applying to the provisions so incorporated. 
 
 § 357. When to take effect. — This chapter shall take effect the 
 first day of January, nineteen hundred and nine, except as to the 
 provisions specified as follows : 
 
 1. The provisions of sections forty-three, ninety, ninety-one, 
 ninety-four, ninety-five, ninety-nine, and one hundred, relating to 
 highway commissioners, estimates of expenditures, duties of town 
 board in respect thereto, levy of taxes, the limitation of amounts 
 to be raised, submission of propositions at town meetings, assess- 
 ments of village property and statements by the clerk of the board 
 of supervisors to the comptroller, shall take effect immediately. 
 
 2. The provisions of sections one hundred and thirty and one 
 hundred and thirty-one of this chapter, pertaining to the award 
 of contracts for the construction of county highways shall take 
 effect immediately and shall apply to contracts to be awarded 
 under chapter one hundred and fifteen of the laws of eighteen 
 hundred and ninety-eight and the acts amendatory thereof, prior 
 to January first, nineteen hundred and nine; and until the com- 
 mission shall have been appointed and have duly qualified, the 
 state engineer and surveyor shall exercise the powers and perform 
 the duties conferred upon the said commission by the foregoing 
 sections. 
 
 3. The provisions of section one hundred and seventy-nine, re- 
 lating to the sprinkling of state and county highways and the 
 removal of refuse therefrom; the provisions of section two hun- 
 dred and eighty, relating to the construction or improvement of 
 highways at the joint expense of a county and town, and the pro- 
 visions of section three hundred and fifteen relating to the modifi- 
 cation of maps by boards of supervisors and the provisions of this 
 section shall take effect immediately. 
 
INDEX. 
 
 Abandonment of highways: page. 
 
 nonuser for six years 259 
 
 qualified, what constitutes 259 
 
 United States fortification, highways and lands acquired for 260 
 
 Acceptance: 
 
 county highway, when completed 223 
 
 state highway, when completed 223 
 
 Accounts, town: 
 
 examination by commission 153 
 
 form to be prescribed by commission 152 
 
 highway moneys, commission to prescribe method of keeping 108 
 
 Actions: 
 
 against town superintendent, by town 179 
 
 bridges over boundary lines, to compel repair 264 
 
 for injuries to highways, town superintendent to bring 178 
 
 pending under former law, continued under new 297 
 
 personal injuries caused by defects in highways or bridges 179 
 
 Advertisements: 
 
 proposals for construction of state and county highways 218 
 
 Advice: 
 
 of Division Engineer 110 
 
 Agreement: 
 
 town board and town superintendent as to highway expenditures. . . 195 
 adoption of 132 
 
 Agreements 100 
 
 Albany post road: 
 
 railroad tracks not to be constructed upon 295 
 
 Altering : 
 
 highway, proceedings relative to 244-253 
 
 See Laying Out , Altering and Discontinuing Highways. 
 
 301 
 
302 
 
 Anticipation of tax: page. 
 
 borrowing money, when authorized 190 
 
 Appellate Division: 
 
 proceedings in regard to bridges, appeal 266 
 
 Apportionment: 
 
 county highways, among counties 215 
 
 highways to be constructed from proceeds of bond sale 213 
 
 Approaches: 
 
 to private lands, construction and repair 130-178 
 
 when made at expense of town 178 
 
 Appropriations: 
 
 not to exceed 130 
 
 Approval: 
 
 of rules and regulations by commission 4 
 
 Ashes: 
 
 throwing in highway, penalty 291 
 
 Assessed valuation: 
 
 equalized, to be used in determining state aid 194 
 
 state aid to be based upon 192 
 
 statement of clerk of board of supervisors . . 192 
 
 Assessment: 
 
 of labor for removal of snow 180 
 
 Assessment roll: 
 
 village property to be separately assessed 191 
 
 Audit: 
 
 compensation and expenses of town superintendent 161 
 
 damages and costs in proceedings to lay out, etc., highway 250 
 
 damages caused by defects in highways or bridges 179 
 
 expenditures for bridges and other highway purposes 196 
 
 Bicycles: 
 
 use of, in highways 290 
 
 Bids. See Proposals. 
 
 Board meetings: 
 
 attendance at 119 
 
303 
 
 Bonds: page. 
 
 contractor, for construction state or county highways 218 
 
 bridge and highway purposes, authorized 190 
 
 board of supervisors to authorize issue 190 
 
 issue and sale of bonds 191 
 
 levy of tax for payment 191 
 
 proceeds of sale, report 19G 
 
 record of, to be kept 191 
 
 submission of proposition at town meeting 190 
 
 toll roads and bridges, issue for purchase of 294 
 
 payment of principal and interest 294 
 
 town, for payment of share of cost of county highway 229 
 
 See Undertaking. 
 
 Borrowing money: 
 
 county highway for payment of share of county or town 229 
 
 acquisition of toll roads and bridges 294 
 
 anticipation of tax.... 190 
 
 bridge and highway purposes 190 
 
 town meeting, submission of proposition 190 
 
 purposes specified 190 
 
 supervisors, board of, to authorize 190 
 
 statement of town board 190 
 
 Boundaries: 
 
 monuments to be erected 163 
 
 Bridges: 
 
 boundary streams between towns, payment of cost 263 
 
 between third class city and town 263 
 
 between counties 263 
 
 apportionment of expense by board of supervisors 264 
 
 county’s share, levy of tax 264 
 
 joint liability of towns and joint contracts 264 
 
 payment of expense when adjoining town refuses to join 267 
 
 proceedings in court to compel construction or repair 265 
 
 supervisor to institute 265 
 
 appeal to appellate division 266 
 
 power of court on appeal 266 
 
 costs, special term may grant or refuse 266 
 
 refusal to repair, action to compel 264 
 
 refusal of town to repair, payment of expense 267 
 
 tax levy to pay for construction or repair 266 
 
 town superintendent to comply with order for erection or repair 266 
 
 to report proceedings in compliance with order 266 
 
 commission to have general supervision 150 
 
 construction and repair, payment of cost by town 263 
 
 county aid 263 
 
 liability of towns 263 
 
 estimate of amount required 185 
 
 limitation of amount raised 188 
 
30 4 
 
 Bridges — continued: page. 
 
 defective, liability of towns 17y 
 
 extraordinary repairs, limitation of amount to be raised 188 
 
 fast driving or riding, penalty 254 
 
 Indian reservations, state commission to control 236 
 
 inspection of, by district or county superintendent 156 
 
 plans and specifications, approval by district or county superin- 
 tendent 156 
 
 plans, specifications and estimates prepared by commission upon 
 
 request 151 
 
 repairs, duty of town superintendent 162 
 
 superintendence by town superintendent 162 
 
 supervision of district or county superintendent 155 
 
 unsafe, condemnation by commission 153 
 
 plans and specifications prepared for 153 
 
 contract for when expense exceeds $500 188 
 
 plans and specifications, approval by district or county super- 
 intendent 188 
 
 statement of probable cost of repairs 188 
 
 town superintendent to repair 188 
 
 villages, duty of town superintendent 162 
 
 weight of load, liability for excessive 291 
 
 repairs or construction of 116 
 
 short span 46 
 
 highway 46 
 
 standard plans 51-54 
 
 stock plans 56 
 
 inspection 56 
 
 Briers: 
 
 town superintendent to cause removal 163 
 
 Brush: 
 
 owner or occupant to remove 168 
 
 failure, duty of town superintendent 169 
 
 assessment of cost of removal 169 
 
 levy of cost of removal against 169 
 
 town superintendent to cause removal 169 
 
 Building: 
 
 in highway, an obstruction 167 
 
 Bureau of town highways: 
 
 organization of 6 
 
 Burying grounds: 
 
 laying out highways through 249 
 
305 
 
 Carriages: page. 
 
 conveyance of passengers, liability of owners 290 
 
 definition of term 290 
 
 Cemeteries: 
 
 laying out highways through 249 
 
 Certificates of indebtedness: 
 
 in anticipation of highway tax 190 
 
 See Bonds. 
 
 City: 
 
 differences as to improvement of highway extending beyond bounds. 251 
 
 disagreement as to highway between town and city 250 
 
 of third class, deemed town in respect to bridge over boundary line. 263 
 
 Civil service examinations: 
 
 character prescribed 148 
 
 commission to indicate relative value to be given for experience and 
 scientific attainments 149 
 
 Classification: 
 
 of highways 146 
 
 Clerk of board of supervisors: 
 
 final resolution for construction of county highway, transmission to 
 
 commission 217 
 
 preliminary resolution for construction of county highway, trans- 
 mission to commission 215 
 
 statement of assessed valuations 192 
 
 Clerks: 
 
 appointment from civil service lists 148 
 
 Closing highways: 
 
 for repair or construction 180 
 
 certificate of district or county superintendent 180 
 
 erection of temporary highway or bridge 180 
 
 Commission of Highways, State: 
 
 accounts, to prescribe form and blanks for keeping 198 
 
 annual report to Legislature 150 
 
 bridge condemned by, repair 188 
 
 clerks, appointment 149 
 
 commissioners, appointment 147 
 
 qualification and terms 147 
 
 vacancies, how filled ' 148 
 
 oath of office, undertaking 149 
 
 salaries and expenses 149 
 
 undertaking 149 
 
 20 
 
306 
 
 Commission of Highways, State — continued: page. 
 
 contracts for construction of state and county highways 218 
 
 advertisements for proposals 218 
 
 form of proposals 218 
 
 county highways 199 
 
 acceptance when completed 223 
 
 approval of final plans and specifications 217 
 
 consent to rescind or annul final resolution of board of super- 
 visors 217 
 
 modification of plans, specifications and estimates 217 
 
 contracts awarded to board of supervisors or town board 221 
 
 designation of person to execute, resolution transmitted to.... 221 
 
 rules and regulations regarding expenditures 221 
 
 determination as to construction after receipt of preliminary 
 
 resolution 215 
 
 order of construction, how determined.... 218 
 
 requisition on county treasurer for payment of cost 227 
 
 statement as to cost and expenditures 227 
 
 submission of plans and specifications to board of supervisors.. 217 
 
 county superintendent, removal 155 
 
 vacancy caused by removal 155 
 
 definition 147 
 
 deputies, first and second 148 
 
 powers and duties 148 
 
 salaries and expenses 149 
 
 undertaking . . . . 149 
 
 district superintendent, appointment 154 
 
 salary to be fixed and apportioned 154 
 
 test of qualifications 149 
 
 divisions and division engineers 151 
 
 employees, appointment 148 
 
 final maps, plans and specifications for state and county highways.. 217 
 
 forms of orders, accounts, etc., prescribed and furnished by 153 
 
 Indian reservations, control of bridges on 236 
 
 inspectors of construction, qualification 149 
 
 maintenance of state and county highways, estimate of cost 153 
 
 apportionment of amount appropriated among counties and 
 
 towns 239 
 
 payment to county treasurer upon requisition 239 
 
 compensation of town superintendent to be fixed 241 
 
 disbursement of funds for 240 
 
 materials to be purchased 238 
 
 patrol system may be established 238 
 
 rules and regulations regarding disbursements 240 
 
 statement of town’s share 240 
 
 supervision and control 238 
 
 official seal 149 
 
 order by town superintendent upon supervisor, form prescribed 198 
 
 powers and duties generally 150-151 
 
307 
 
 Commission of Highways, State — continued: page. 
 
 preliminary maps, plans and specifications, to direct division en- 
 gineers to make 216 
 
 presented to district or county superintendent 217 
 
 principal office 149 
 
 removal of town superintendent 160 
 
 appeal to county court 161 
 
 resident engineers, appointment 148 
 
 secretary, appointment 148 
 
 salary and expenses 149 
 
 undertaking 149 
 
 state highway, acceptance when completed 223 
 
 requisition for payment of cost 230 
 
 state or county highway, entry upon adjacent lands for drainage. . . . 224 
 
 payment of damages 224 
 
 street surface railroads, when constructed on 231 
 
 suspension of work and completion 223 
 
 stationery, postage and office furniture 149 
 
 surveys of state and county highways to direct division engineers 
 
 to make 216 
 
 transfer of power of state engineer 296 
 
 of contract, records, papers, etc 296 
 
 of employees in department of highways 296 
 
 unsafe bridges, condemnation 153 
 
 plans and specifications for erection or repair 153 
 
 villages, connecting highways through 226 
 
 Compensation: 
 
 of supervisor 140 
 
 of town clerk 143 
 
 of town superintendent and deputy 134 
 
 Complaints 99 
 
 Comptroller: 
 
 determination of amount of state aid to towns 194 
 
 statement of clerk of board of supervisors, transmitted to 192 
 
 Condemnation: * 
 
 gravel beds and stone quarry acquired by 166 
 
 lands for right of way 233 
 
 unsafe bridges 153 
 
 Connecting highways: 
 
 with county highways through villages 226 
 
 Construction and repair: 
 
 of town highways 11 
 
308 
 
 Contracts: page. 
 
 bridges over boundaries, erection or repair 226 
 
 construction of state and county highways 218 
 
 awarded to lowest bidder 218 
 
 lowest bid, what constitutes 218 
 
 board of supervisors, award to 221 
 
 bond of contractor 218 
 
 commission to prescribe form 218 
 
 designation of person to execute contract with board of super- 
 visors or town board 221 
 
 payments, how made 218 
 
 right to suspend or cancel 223 
 
 supplemental, to provide for contingencies 218 
 
 suspension of work and completion by commission 223 
 
 town board, award to 221 
 
 construction or improvement of highway at joint expense of county 
 
 and town 288 
 
 extraordinary repairs of highways and bridges 187 
 
 for construction of county highway, filed with county treasurer 227 
 
 maintenance of state and county highways, purchase of material .... 238 
 
 purchase of machinery, tools and implements 165 
 
 approval by district or county superintendent 165 
 
 sprinkling state or county highways 242 
 
 state and county highways, construction or improvement 218 
 
 state highway, acceptance of completed work 223 
 
 toum highways, construction or improvement 164 
 
 approval of district or county superintendent 164 
 
 executed in name of town 164 
 
 payments, how made 164 
 
 to be filed in town clerk’s office 164 
 
 wire fence, furnishing material for 170 
 
 Costs: 
 
 on motion to confirm, etc., report of commissioners to lay out highway 262 
 
 proceedings to lay out, etc., highway, when application denied 247 
 
 town chargeable, when 249 
 
 audit by town board 250 
 
 County court: 
 
 disagreement between town and village or city 250 
 
 laying out highway through orchard, etc., order 248 
 
 confirmation of order by Appellate Division 248 
 
 motion in proceedings to lay out, etc., highway 247 
 
 widening road, proceedings for 256 
 
 County engineer: 
 
 continuance in office 296 
 
 term deemed to refer to county or district superintendent 298 
 
309 
 
 County highway: page. 
 
 abutting owners not to be chargeable with cost of construction 232 
 
 board of supervisors , preliminary resolution for construction 215 
 
 contents of preliminary resolution 215 
 
 transmission to commission 215 
 
 final resolution for construction 217 
 
 form of final resolution 217 
 
 transmission of final resolution to commission 217 
 
 final resolution not to be rescinded or annulled 217 
 
 final resolution to make available share of town 'and county. ... 217 
 
 construction and maintenance, duties of division engineers 152 
 
 contracts for construction or improvement 218 
 
 acceptance of completed work 223 
 
 award to lowest bidder 218 
 
 form, prescribed by commission 218 
 
 bond of contractor 218 
 
 payments, when made 218 
 
 supplemental, to provide for contingencies 218 
 
 award to board of supervisors or town board 221 
 
 designation of person to execute 221 
 
 undertaking of person designated 221 
 
 filed with county treasurer 227 
 
 state commission to let 152 
 
 suspension of work and completion by commission 223 
 
 right to suspend or cancel 223 
 
 defects in, liability of state 241 
 
 defined 146 
 
 designation for construction or improvement 122 
 
 determination of commission as to construction after receipt of pre- 
 liminary resolution 215 
 
 district or county superintendent to inspect during construction .... 156 
 division engineer, duties in respect to preparation for construction. . 216 
 
 division of cost to county and towns 227 
 
 entries upon adjacent lands for drainage 224 
 
 damages a county charge 224 
 
 equitable apportionment among counties 213 
 
 basis of apportionment 213 
 
 estimate of cost, division engineer to make 216 
 
 gravel, stone or materials, lands acquired for, disposition 236 
 
 heretofore constructed, cost of maintenance 242 
 
 Indian reservation, entire cost paid by state 236 
 
 inspection by division engineers 153 
 
 maintenance 238 
 
 estimate of cost 153 
 
 See Maintenance. 
 
 maps, formerly approved by Legislature, preserved 298 
 
 board of supervisors may modify 298 
 
 order of construction 218 
 
 payment of cost, resolution to appropriate 226 
 
 borrowing money by county or town 229 
 
310 
 
 County highway — continued: page. 
 
 modifying method 227 
 
 requisition by commission on county treasurer 227 
 
 statement prepared by commission 227 
 
 plans, specifications and estimates, approval by commission 152 
 
 to be transmitted to board of supervisors 217 
 
 preliminary inspection of highways 163 
 
 report of town superintendent as to 163 
 
 preliminary maps, plans and specifications, commission to direct to 
 
 be made 216 
 
 presentation to district or county superintendent 217 
 
 right of way , acquisition of lands 232 
 
 proceedings to acquire 233 
 
 payments of awards and costs 234 
 
 rules and regulations for protecting 154 
 
 respecting generally 151 
 
 street surface railroads on, approval by commission 231 
 
 surveys, commisson to direct upon approval of resolution 216 
 
 town superintendent to keep free of obstructions 168 
 
 villages , connecting through 226 
 
 construction through, generally 225 
 
 greater width 225 
 
 plans and specifications to provide 225 
 
 payment of additional cost 225 
 
 protest against acceptance 225 
 
 County jails: 
 
 employment of prisoners on highways 177 
 
 County meetings Ill 
 
 County superintendent: 
 
 appointment and term 154 
 
 continuance in office 296 
 
 definition 146 
 
 powers and duties, generally 155 
 
 removal by board of supervisors 155 
 
 by commission 155 
 
 See District or County Superintendent. 
 
 County treasurer: 
 
 county highway, borrowing money for payment of cost 227 
 
 contract for construction filed with 227 
 
 requisition of commission 227 
 
 maintenance of state and county highways, payment of apportion- 
 ment to 239 
 
 payments upon order of the commission 240 
 
 report of receipts and expenditures 240 
 
 payment of state aid to supervisors 194 
 
 right of way, payment of awards 234 
 
 supervisors bond, copy filed with 194 
 
311 
 
 Crops: page. 
 
 within bounds of highway 97 
 
 Crossings: 
 
 over or under highway, permission to construct 173 
 
 Culverts: 
 
 repairs by town superintendent 162 
 
 state and county highways, to be kept free from obstructions 168 
 
 I beams on 46 
 
 tables of I beams on 47 
 
 stock plans 56 
 
 culverts and short span bridges 26-126 
 
 cuts of 31-41 
 
 tables of materials required for 43-44 
 
 Damages: 
 
 bridges injured by excessive loads 291 
 
 defective highways and bridges, audit of claim 179 
 
 defective state and county highways, state not liable 241 
 
 defects in highways, liability for 179 
 
 discontinuing highway, deduction 247 
 
 entry upon land adjoining state or county highway 224 
 
 determination and payment 224 
 
 for change of grade 171 
 
 for entry upon lands to protect highways 171 
 
 injuries to highways 291 
 
 laying out, etc., highway, assessment 247 
 
 audit by town board 250 
 
 right of way for state and county highway 233 
 
 payment by county treasurer 234 
 
 temporary highway or bridge, upon closing highway 180 
 
 interest on for change of grade 173 
 
 Dedication: 
 
 highway by, order laying out 244 
 
 use for twenty years - . . . . 253 
 
 Defective highways: 
 
 state or county, when state not liable 241 
 
 See Damages ; Highways. 
 
 Definitions: 
 
 carriage 290 
 
 of terms used in law 146 
 
 state, county and town highways 146 
 
 Department of highways: 
 
 established 147 
 
 definition 146 
 
 See Commission of Highways. 
 
312 
 
 Deputy commissioners: page. 
 
 appointment and qualifications 148 
 
 salary and expenses 149 
 
 undertaking 149 
 
 Deputy town superintendent: 
 
 appointment and duties 160 
 
 compensation and expenses 160 
 
 appointment of 133 
 
 Deviation: 
 
 of state and county highways from existing highway 216 
 
 Directions: 
 
 for guidance of supervisors 135-141 
 
 for guidance of town clerks 142 
 
 for guidance of county superintendents 110-117 
 
 for guidance of town superintendents 118-134 
 
 Discontinuance of highway: 
 
 in certain towns, by order of town superintendent 260 
 
 description to be recorded 261 
 
 damages, commissioners to determine 261 
 
 damages, where owner encloses lands 247 
 
 proceedings relative to 244-253 
 
 See Laying out , Altering and Discontinuing Highway. 
 
 District foreman: 
 
 return and levy of unworked tax 182 
 
 District or county superintendent: 
 
 annual report to commission 156 
 
 appointment, when to be made 154 
 
 closing highway for repair or construction 180 
 
 construction or improvement of highways by county and town 
 
 duties as to 288 
 
 contracts for construction of town highways, approval 164 
 
 county highway, protest against acceptance 223 
 
 definition 146 
 
 disagreement as to highway on town line 252 
 
 extraordinary repairs of highways and bridges, approval of plans . . . 188 
 inspection of state and county highways, estimate of cost of 
 
 maintenance 153 
 
 pipes in state or county highway, permission to lay 173 
 
 preliminary inspection of state and county highways 163 
 
 removal of town superintendent by commission 161 
 
 salary apportioned among counties 154 
 
 state and county highways, examination of highway maps, plans 
 
 and specifications 217 
 
 modification of plans and specifications... 21/ 
 
 state highway, inspection when completed 223 
 
 state commission to aid and advise 150 
 
313 
 
 District superintendents: page. 
 
 test of qualifications 148 
 
 See District or County Superintendent. 
 
 Ditches: 
 
 entry upon lands by town superintendent for construction 171 
 
 state and county highways, superintendent to keep free 168 
 
 Division: 
 
 of town into districts 162 
 
 Division engineer: 
 
 appointment and qualifications 151 
 
 duties 152 
 
 oath of office and undertaking 152 
 
 salary and expenses 152 
 
 state and county highways, duties in re preparation for construction. 216 
 
 suspension of work under contract 223 
 
 state highway, inspection before acceptance 223 
 
 Drainage: 
 
 district or county superintendent to advise method 156 
 
 entry upon lands for purpose of 171 
 
 pipes under highway, permission to lay 173 
 
 state or county highway, entry upon adjacent lands 224 
 
 suggestions in relation thereto 15-16-17 
 
 directions 123 
 
 Drivers: 
 
 intemperate not to be engaged 289 
 
 intoxication cause for discharge 289 
 
 leaving horse unhitched 289 
 
 owners of carriages liable for acts 290 
 
 Earth roads: 
 
 standard sections 25 
 
 gravel for surfacing 26 
 
 Employees: 
 
 employed by town superintendent 162 
 
 list to be filed 162 
 
 of state engineer, transfer to commission 296 
 
 Entry upon lands: 
 
 erection of temporary highway or bridge on closed highway .... 179-180 
 
 state or county highway, for drainage 224 
 
 by whom to be made 224 
 
 damages, ascertainment and payment 224 
 
 town superintendent for certain purposes 171 
 
 damages to owners of lands 171 
 
314 
 
 Estimate of expenditures: page. 
 
 accounts audited in accordance with 195 
 
 for highways and bridges, superintendent to make 185 
 
 insufficient, additional tax, vote at town meeting 187 
 
 limitation of amounts 188 
 
 excess, town meeting to authorize 190 
 
 revision by town board 187 
 
 statement to be transmitted to board of supervisors 187 
 
 Estimates: 
 
 on contract for construction of state or county highway 218 
 
 state and county highway, not to exceed amount 218 
 
 amendment by commission 218 
 
 approval of amendment by board of supervisors 218 
 
 division engineer to cause to be made 216 
 
 to be itemized 216 
 
 town superintendent’s annual 118 
 
 Examination: 
 
 of county highway after receipt of preliminary resolution 215 
 
 Expenditures: 
 
 additional, for repair of town highways 266 
 
 bridges and other highway purposes 196 
 
 audit of accounts of 196 
 
 report of supervisor 196 
 
 for repair of town highways, agreement 195 
 
 directions therefor 132 
 
 Extraordinary repairs: 
 
 limitation of amount to be raised 188 
 
 of highways and bridges, when to be made 187 
 
 levy and collection for 187 
 
 Fences: 
 
 highway along division line, cost of removing 256 
 
 in highway, an obstruction 166 
 
 removal on laying out highway 253 
 
 snow blockades, erection of wire fences to prevent 170 
 
 Ferries: 
 
 licenses, county court may grant 270 
 
 to whom granted 270 
 
 rope appendages for 271 
 
 schedule to be posted 271 
 
 superintendent of public works may lease right of passage over 
 
 state lands 271 
 
 undertaking of applicant for license 271 
 
315 
 
 Forms and blanks: page. 
 
 for keeping town accounts, commission to prescribe 198 
 
 blank 128 
 
 Forces: 
 
 organization 60-119 
 
 instructon and equipment 122 
 
 Garden: 
 
 proceedings to lay out highway through 248 
 
 what constitutes 248 
 
 Grades: 
 
 district or county superintendent to establish 156 
 
 town highway, damages for change 172 
 
 establishment of 117 
 
 Grade crossings: 
 
 commission to prescribe for abolition 231 
 
 Gravel and stone: 
 
 district or county superintendent to examine deposits 156 
 
 purchase by town superintendent 166 
 
 state or county highway, acquisition of lands for 232 
 
 disposition of lands acquired 236 
 
 examination of deposits 117 
 
 for surfacing 26 
 
 Gravel roadway: 
 
 state or county highway, provision for 216 
 
 Guide boards: 
 
 erection by town superintendent 177 
 
 application, contents and form 177 
 
 refusal or neglect of town superintendent • 177 
 
 injuries to, treble damages 291 
 
 state or county highways, plans may provide for 216 
 
 Highways : 
 
 abandonment, failure to open and work 260 
 
 non-user for six years 260 
 
 additional tax, when voted 187 
 
 amount raised, limitation 188 
 
 classification 147 
 
 closing for repair or construction 180 
 
 commission to have general supervision 150 
 
 construction or repair, duties of division engineer 152 
 
316 
 
 Highways — continued : page. 
 
 county and town may provide for construction or improvement .... 288 
 
 county, defined (see County Highways) 147 
 
 dedication, acceptance, proof of 244 
 
 defective, liability of towns 179 
 
 liability of town superintendent 179 
 
 definition 146 
 
 discontinuance of, in certain towns by order of town superintendent. 260 
 
 description to be recorded 261 
 
 damages, commissioners to ascertain 261 
 
 estimates of expenditures for, town superintendent to make 185 
 
 amount voted in excess of limitation 188 
 
 extraordinary repairs, town superintendent to cause to be made. . . . 188 
 
 contract for, if in excess of $500 188 
 
 plans and specifications, approval by district or county super- 
 intendent 188 
 
 statement of probable expense 188 
 
 taxes for payment of cost 188 
 
 limitation of amount to be raised 188 
 
 injuries to, treble damages 291 
 
 inspection by district or county superintendent 155 
 
 laying out, altering or discontinuing (see Laying out, Altering and 
 
 Discontinuing Highways) 244-253 
 
 mileage of, tables to be used in determining percentages. 194 
 
 minimum amount to be raised 185 
 
 repair and construction, expenditures, agreement as to 195 
 
 repairs, duties of town superintendent 162 
 
 state aid, amount specified 192 
 
 state, defined (see State Highways) 147 
 
 stones to be removed 163 
 
 superintendence by town superintendent (see Town Superintendent 
 
 of Highways) 162-164 
 
 supervision of district or county superintendent 155-157 
 
 survey, oath of town superintendent laying out, to include 244 
 
 throwing loose stones, ashes, etc., in 291 
 
 town, defined (see Town Highways) 147 
 
 town line, allotment to towns 252 
 
 town meetings, submission of proportions 189 
 
 traction engines on, warning to be given 291 
 
 two or more towns, differences as to improvements . 252 
 
 county court may adjust differences 251 
 
 use, implied dedication (see Use of Highways) 253 
 
 Highway commissioner: 
 
 office abolished 169 
 
 to exercise powers of town superintendent 160 
 
 vacancy filled, to expire November 1, 1909 160 
 
 Highway construction and maintenance: 
 
 commission to determine method 151 
 
317 
 
 Highway law: page. 
 
 saving clause 297 
 
 Highway moneys: 
 
 accounts, commission to prescribe method of keeping 198 
 
 expenditures for repair and improvement of highways 195 
 
 bridges and other highway purposes, payment 196 
 
 audit by town board 196 
 
 supervisor, to be custodian of 195 
 
 report to town board, contents of 196 
 
 Highway taxes: 
 
 additional, proposition to be submitted at town meeting 187 
 
 when amount estimated for is insufficient 187 
 
 anticipation, borrowing money 190 
 
 certificates of indebtedness 190 
 
 estimate of amount to be raised 185 
 
 revision or approval of town board 186 
 
 exemption of village property 191 
 
 extraordinary repairs, levy and collection 187 
 
 levy by board of supervisors 186 
 
 limitation of amount raised 188 
 
 excess, submission of proposition at town meeting 189 
 
 levy and collection of tax for excess 189 
 
 payment to supervisor 186 
 
 state aid determined by amount 192 
 
 statement of amount levied, by clerk of board of supervisors 191 
 
 measurement of 115 
 
 closing 116 
 
 when work must be done 120 
 
 Hones: 
 
 illustrations 71, 73, 75, 77, 78, 79 
 
 Honing: 
 
 roads, etc 70 
 
 Horses: 
 
 leaving untied, penalty 289 
 
 Improvements: 
 
 permanent, when to commence 129 
 
 Indebtedness: 
 
 certificates, in anticipation of tax 190 
 
 consent of town board 190 
 
318 
 
 Indian reservation: page. 
 
 county highway, payment of cost by state 230 
 
 Injuries: 
 
 to bridges by excessive loads 291 
 
 Injuries to highways: 
 
 actions for, town superintendent to bring 179 
 
 treble damages 291 
 
 to highways and bridges 94 
 
 Inspection: 
 
 county highway during construction, by district or county superin- 
 tendent 156 
 
 of highways and bridges, town superintendent to make 160 
 
 state and county highways, by division engineer 153 
 
 of highways to be constructed as 163 
 
 highways and bridges 112 
 
 town highways to be improved 113 
 
 Inspectors of construction: 
 
 selected from civil service lists 149 
 
 Interest: 
 
 on damages for change of grade 173 
 
 Intoxication: 
 
 drivers guilty of, to be discharged 289 
 
 Inventory: 
 
 machinery, tools and implements 133-165 
 
 supervisors’ report to contain 196 
 
 Judgments: 
 
 for damages by defective highways or bridges, audit 179 
 
 Jury: 
 
 private road, to determine necessity and assess damages (see Private 
 Road) 254 
 
 Labor, hours of: 
 
 in construction of state or county highways 236 
 
 Labor law: 
 
 applications of provisions 236 
 
319 
 
 Labor system: (See Employees.) page. 
 
 adoption of system for removal of snow 180 
 
 assessment of labor 180 
 
 list of persons assessed 181 
 
 district foreman .. 182 
 
 return levy of unworked tax 183 
 
 appeals by non-residents 183 
 
 certain assessments separate 183 
 
 tenant may deduct assessment. . . * 184 
 
 Laying out, altering and discontinuing highways: 
 
 adjournment of proceedings 256 
 
 appellate division, proceedings in certain cases 248 
 
 application, by whom made 245 
 
 assessment of damages 247 
 
 bur.ying grounds, reinterment of remains 249 
 
 commissioners, application for appointment 245 
 
 application accompanied by undertaking 245 
 
 assessment of damages 245 
 
 certificate of assessment 247 
 
 compensation and expenses 249 
 
 decision in favor of application 247 
 
 denying application 247 
 
 motion to confirm, vacate or modify 247 
 
 examination of highway 246 
 
 final determination filed with town clerk 253 
 
 town superintendent to carry into effect 253 
 
 neglecting to serve, filling vacancy 289 
 
 notice of meeting and land to be taken 246 
 
 service, upon owner or occupants 246 
 
 qualifications, oath of office 246 
 
 costs, on motion to confirm, vacate or modify decision 2C2 
 
 payment where improvement not made 249 
 
 reassessment, where damages not increased 249 
 
 town chargeable with 249 
 
 costs and expenses when application is denied 247 
 
 county court, decision final 247 
 
 damages, assessment of 247 
 
 audit by town board, payment 250 
 
 division lines, award of for fences 256 
 
 on discontinuance, deduction 247 
 
 dedication of highways by 244 
 
 denial of application 247 
 
 disagreement between officers of towns, villages and cities 250 
 
 certificate to county court 250 
 
 commissioners to be appointed 250 
 
 decision of commissioners 250 
 
 division lines between lands of two or more persons 256 
 
 fences to be removed 253 
 
320 
 
 Laying out, altering and discontinuing highways — continued : page. 
 
 garden, laying out highway through 248 
 
 in two or more towns, damages to be paid by each town 252 
 
 notices served upon town superintendent of each town 252 
 
 limitations specified 248 
 
 motion to confirm, vacate or modify decision 247 
 
 decision of county court final 247 
 
 necessity or uselessness, determination 247 
 
 orchards, laying out highway through 248 
 
 papers to be filed in town clerk’s office 262 
 
 proceedings, appointment of commissioners 246 
 
 hearing evidence 246 
 
 minutes to be filed 246 
 
 release from damages, effect 244 
 
 survey, order to include 244 
 
 town line, application to each town superintendent 252 
 
 trade fixtures and erections, laying out highway through 248 
 
 two or more towns, disagreement 250 
 
 vacating decision of commissioners 247 
 
 vineyard, laying out highway through 248 
 
 yards or enclosures, laying out highway through 248 
 
 Law of the road: 
 
 established 292 
 
 failure to comply 292 
 
 Limitation: 
 
 of highway moneys to be raised 188 
 
 submission of propositions at town meetings for amount' in 
 excess 189 
 
 Lists: 
 
 persons assessed for removal of snow i . . . 181 
 
 Location and drainage: 
 
 Location and grades 13 
 
 Drainage 15 
 
 side ditches 16 
 
 berm ditches 16 
 
 underdrains 17 
 
 Lumber: 
 
 in highway an obstruction 167 
 
 Macadam roadway: 
 
 state or county highway, provision for 216 
 
321 
 
 Machinery: page. 
 
 estimate of amount required for 185 
 
 housing and storage 165 
 
 inventory, town superintendent to make 165 
 
 supervisor’s report to contain 196. 
 
 lease or hire by town superintendent 165-166 
 
 limitation of amount to be raised for 188 
 
 purchase by town superintendent 165 
 
 approval by district or county superintendent 165 
 
 report of expenditures for 196 
 
 use of, by town superintendent 196 
 
 by incorporated villages 196 
 
 Machines: 
 
 left in highway, an obstruction 166 
 
 Machinery : 
 
 purchase of 114 
 
 lease or hire 115 
 
 storage 93 
 
 inventory 133 
 
 Maintenance: 
 
 county roads, heretofore constructed, payment by state 242 
 
 state and county highways, estimate of cost 153 
 
 commission to control 238 
 
 appropriations based on estimate 239 
 
 apportionment of amount appropriated 239 
 
 payment to county treasurer of amount apportioned to county 239 
 
 materials, purchase and delivery 238 
 
 patrol system may be adopted 238 
 
 payments by county treasurer for 240 
 
 report of county treasurer as to disbursements 240 
 
 rules and regulations respecting 238 
 
 town share, payment 240 
 
 town superintendent, compensation for services 241 
 
 earth roads 11 
 
 Maps: 
 
 of highways, formerly approved by Legislature, preserved 298 
 
 board of supervisors may modify 298 
 
 state and county highways, division engineer to make. 216 
 
 presentation to district or county superintendent 217 
 
 legend of 8 
 
 sample 9 
 
 Market roads: 
 
 construction or improvement as county highways 215 
 
 21 
 
322 
 
 Material: page. 
 
 state and county highway, preliminary plans and specifications to 
 provide 216 
 
 Measurement: 
 
 of highways, town superintendent to make 177 
 
 report to be filed 177 
 
 Mechanical power: 
 
 in highway work 67 
 
 Meetings: 
 
 held annually in each district or county 152 
 
 district or county superintendent to notify town officers 157 
 
 town superintendent to attend 163 
 
 Mileage: 
 
 basis of state aid 194 
 
 tables of, to be filed with commission and comptroller 194 
 
 tables to be prepared by commission 152 
 
 used in determining cost of county highway 227 
 
 town superintendent to ascertain 177 
 
 report to commission 177 
 
 Motor vehicles: 
 
 chains or armored tires restricted 154 
 
 Monuments: 
 
 boundaries of highways, town superintendent to establish 114, 163 
 
 Negligence: 
 
 of town superintendent, liability of town 179 
 
 See Damages ; Highways ; Injuries. 
 
 Oath of office: 
 
 state commissioners of highways 149 
 
 Obstructions: 
 
 ditches, etc., on state and county to be kept free 168 
 
 removal, duty of owner or occupant 167 
 
 assessment of cost against owner or occupant 169 
 
 expense, payment of in first instance 169 
 
 levy of cost against owner or occupant 169 
 
 town superintendent to cause 168 
 
 what constitute 168 
 
 Obstructions: 
 
 removal of 126 
 
323 
 
 Order of construction: page. 
 
 of county highways, how determined 218 
 
 Organization: 
 
 bureau of town highways 6 
 
 town superintendent’s forces 60,119 
 
 Patrol system: 
 
 maintaining state and county highways, commission may establish . . 238 
 
 Patrolman: 
 
 town 80 
 
 Penalties: 
 
 collection by town superintendent 163 
 
 neglect of town superintendent to prosecute, liability 176 
 
 recovery, in name of town 293 
 
 report of supervisors as to moneys received 196 
 
 Pending actions of proceedings: 
 
 prosecuted by commission or other officer 297 
 
 Penalties: 
 
 collection of 128 
 
 Pipes: 
 
 drainage, sewer and water 115 
 
 Plans: 
 
 working, county superintendent to furnish 129 
 
 Plans and specifications: 
 
 bridges, approval by district or county superintendent 156 
 
 construction and repair of highways and bridges, duties of division 
 
 engineer 152 
 
 county highways, transmission to board of supervisors 217 
 
 filed with county treasurer 227 
 
 modification by board of supervisors 217 
 
 extraordinary repairs of highways and bridges 187 
 
 state and county highways, duties of division engineers 152 
 
 contracts to be let upon completion and approval 218 
 
 final adoption by commission 217 
 
 preliminary 216 
 
 presentation to district or county superintendent 217 
 
 state commission to prepare upon request 151 
 
 town highways, construction 164 
 
324 : 
 
 Plans and specifications: page. 
 
 to be furnished town board 114 
 
 Plankroads: 
 
 acquisition by board of supervisors 294 
 
 bonds, issue and sale 294 
 
 raising money to pay bonds and interest 294 
 
 roads acquired, part of highway system 295 
 
 when road is in two or more counties 295 
 
 Poles and wires: 
 
 assessment of cost of removal 169 
 
 in highways are obstructions 167 
 
 Prefatory note 3 
 
 Prisoners: 
 
 application for services on highways 177 
 
 Private road: 
 
 adjournment of proceedings 256 
 
 application for laying out 253 
 
 service of copy upon owner or occupant 254 
 
 costs of new hearing 256 
 
 credit on account of highway taxes 176 
 
 damages to be paid before opening 255 
 
 division lines, laying out along 256 
 
 jury, time and place of selection • 254 
 
 additional jurors, how summoned 254 
 
 subpoena of witnesses 254 
 
 compensation of jurors 255 
 
 damages, assessment 255 
 
 how formed 254 
 
 list of names, town superintendent to present 254 
 
 motion to confirm, vacate or modify decision 255 
 
 notice of selection, to owner or occupant 254 
 
 service on owner or occupant 254 
 
 place of meeting 254 
 
 summons of jurors 254 
 
 verdict, deliver to town superintendent 255 
 
 papers to be recorded in town clerk’s office 255 
 
 use as highway 256 
 
 nature of 256 
 
 persons entitled to 256 
 
 value of highway discontinued to be considered 255 
 
 Private lands: 
 
 approaches to 130 
 
325 
 
 Proposals: page. 
 
 construction of state or county highways, advertisement 218 
 
 lowest, what deemed to be 218 
 
 rejection and advertisement for new 218 
 
 what to specify 218 
 
 Records: 
 
 examination by commission 153 
 
 Release: 
 
 damages, on laying out, altering or discontinuing highway 244 
 
 Removal : 
 
 county superintendent 155 
 
 district superintendent 155 
 
 town superintendent, procedure 160 
 
 appeal to county court 161 
 
 supreme court may direct 161 
 
 Removal of loose stone: 
 
 when to be removed 125 
 
 Removal of obstructions: 
 
 caused by snow 82 
 
 obstructions within the bounds of the highway 126 
 
 Repairs : 
 
 of highways and bridges, town, superintendent to make 162 
 
 sluices and culverts by town superintendent 162 
 
 to highways and bridges 127 
 
 Repair and construction: 
 
 of earth roads 24 
 
 Reports; 
 
 county treasurer, disbursements for maintenance 240 
 
 district or county superintendent, to commission 156 
 
 state commission annually to Legislature 152 
 
 supervisor, as to highway moneys 196 
 
 filed with town clerk. 196 
 
 mailed to commission 196 
 
 printed in proceedings of board of supervisors 196 
 
 publication in a newspaper 196 
 
 transmission of copies of proceedings to comptroller and com- 
 mission 196 
 
 town superintendents to make annual 163 
 
 must be first sent county superintendent 112 
 
 county superintendent’s 117 
 
 supervisor’s .’ 139 
 
326 
 
 Rescinding: page. 
 
 final resolution for construction of county highway 217 
 
 Resident engineers: 
 
 appointment 148 
 
 Resolution : 
 
 county highways, appropriation to pay share of county and towns . , 226 
 
 final, to make available share of county and town 218 
 
 final, adopted by board of supervisors 217 
 
 not to be rescinded or annulled 217 
 
 modification of plans and specifications after approval 217 
 
 modifying method of payment 227 
 
 request that cost be paid in first instance by state 226 
 
 preliminary, of beard of supervisors 215 
 
 Right of way: 
 
 state and county highway, acquisition 232 
 
 appointment of commissioners 233 
 
 duties of commissioners 233 
 
 damages awarded 233 
 
 payment of awards 234 
 
 of costs and commissioners’ fees 235 
 
 petition for appointment of commissioners 233 
 
 purchase of lands 232 
 
 Road machines: 
 
 purchase by town superintendent 165 
 
 estimate of amount required for 185 
 
 limitation of amount to be raised 188 
 
 See Machinery. 
 
 Road machines: 
 
 use of 126 
 
 Rollers: 
 
 lease or hire by town superintendent 166 
 
 estimate of amount required 185 
 
 purchase by town superintendent 165 
 
 limitation of amount to be raised 188 
 
 price per hour established 166 
 
 See Machinery. 
 
 Routes: 
 
 of state highways specified 200-213 
 
 Rubbish : 
 
 throwing in highway, penalty 
 
 291 
 
327 
 
 Rules and regulations: page. 
 
 commission to prescribe 150 
 
 compliance compelled 150 
 
 printed and transmitted to highway officers 150 
 
 maintenance of state and county highways 238 
 
 presentation and payment of accounts 240 
 
 protection of state and county highways 154 
 
 wide tires 154 
 
 use of chains on automobiles 154 
 
 Rut scraping: 
 
 by use of road hone 70 
 
 Salaries: 
 
 county superintendent, board of supervisors to fix 154 
 
 district superintendent, commission to fix and apportion 155 
 
 state commissioners, deputies and secretary 150 
 
 supervisor and town clerk on account of highway work 198 
 
 town superintendent and deputy 160 
 
 Saving clause: 
 
 of highway law 297 
 
 Secretary of commission: 
 
 appointment and duties 148-149 
 
 salary and expenses 149 
 
 undertaking 149 
 
 Sewer pipes: 
 
 in highways, permission to lay 173 
 
 Shade tree fund: 
 
 expenditure 175 
 
 See Trees, 
 
 Shaping, crowning or turnpiking: 
 
 when to perform the work 121 
 
 Short span bridges: 
 
 1 beams 46 
 
 tables of I beams 47 
 
 Sidewalks: 
 
 construction and repair at town expense 174 
 
 owners may locate and construct 174 
 
328 
 
 Sluices: page. 
 
 construction of 126 
 
 repairs by town superintendent 162 
 
 Snow: 
 
 additional taxes for removal 187 
 
 blockades, wire fences to prevent 170 
 
 causing obstruction, duties of town superintendent 160 
 
 employment of persons, etc., to remove 161 
 
 drifting, removal of obstructions causing 169 
 
 assessment of cost against owner or occupant 169 
 
 entry upon lands to prevent drifting 171 
 
 estimate of amount required to remove 185 
 
 state and county highway, ditches and culverts to be kept free 168 
 
 lists of persons assessed for removal 181 
 
 assessment of labor for removal 180 
 
 adoption of labor system for removing 180 
 
 rollers 82 
 
 cut of rollers 84 
 
 packers 82 
 
 cut of packers 86, 90 
 
 Split log drags: 
 
 description and suggestions regarding their use 70-78 
 
 See Hones. 
 
 Sprinkling: 
 
 state or county highway, town board may contract for 242 
 
 State aid: 
 
 amount paid to towns 192 
 
 not to exceed $25 per mile 192 
 
 equalized valuation to be used in determining amount 194 
 
 payment and distribution 194 
 
 statement of clerk of board of supervisors to determine amount 192 
 
 supervisors report as to moneys received 196 
 
 State Engineer: 
 
 employees of department of highways, transfer 296 
 
 term deemed to refer to state commission of highways 298 
 
 transfer of powers and duties to commission 296 
 
 records, contracts, maps, plans, etc., to commission 296 
 
329 
 
 State highway: page. 
 
 acceptance of, when completed 223 
 
 apportionment of mileage among counties 213 
 
 appropriation of proceeds of bond sale, not more than one-half ex- 
 pended for 213 
 
 construction and maintenance, duties of division engineer 152 
 
 contracts for construction or improvement 218 
 
 commission to let 152 
 
 suspension by commission 223 
 
 reservation of right to spend or cancel 223 
 
 awarded to lowest bidder 218 
 
 form prescribed by commission 218 
 
 payments, when made 218 
 
 supplemental, to provide for contingencies 218 
 
 to be let upon adoption of plans 217 
 
 defects in, liability of state 241 
 
 defined 147 
 
 division engineer, duties in respect to preparation for construction.. 216 
 
 entry upon adjacent lands for drainage 224 
 
 damages, how paid 224 
 
 estimate of cost division engineer to make 216 
 
 gravel, stone or materials, lands acquired for, disposition 236 
 
 inspection by division engineer 152 
 
 maintenance generally (see Maintenance) 238 
 
 estimate of cost 153 
 
 rules and regulations for 238 
 
 payment, requisition by commission for 230 
 
 plans, specifications and estimates, approval by commission 150 
 
 preliminary inspection of highways 163 
 
 preliminary maps, plans and specifications 216 
 
 presentation to district or county superintendent 217 
 
 final adoption by commission 217 
 
 right of way, acquisition of lands for 232 
 
 proceedings to acquire 233 
 
 payment of awards and costs 234 
 
 routes specified 200-213 
 
 rules and regulations for protection of 154 
 
 respecting use generally 150 
 
 sprinkling, how town may contract for 242 
 
 state commission to cause to be constructed 213 
 
 street surface railroads, when constructed on 231 
 
 surveys, commission to direct to be made 216 
 
 town superintendent to clean ditches, etc 168 
 
 villages, construction through 225 
 
 greater width, plans and specifications to be modified 225 
 
 payment cf additional cost 225 
 
 protest against acceptance # 225 
 
 State and county highways: 
 
 county superintendent’s jurisdiction Ill 
 
330 
 
 State prison : page. 
 
 employment of convicts upon highways 177 
 
 State standards: 
 
 standard width of highways 28 
 
 State treasurer: 
 
 payment of state aid to county treasurer 194 
 
 Statistics: 
 
 state commission to compile 151 
 
 Stones : 
 
 loose, throwing in highway, penalty 291 
 
 removal from highway 163 
 
 removal of loose 125 
 
 Stone crushers: 
 
 lease or hire by town superintendent 166 
 
 purchase by town superintendent 165 
 
 estimate of amount required for 185 
 
 limitation of amount to be raised 188 
 
 suggestions regarding purchase 103 
 
 See Machinery. 
 
 Stone quarries: 
 
 acquisition by town superintendent 166 
 
 state or county highway, acquisition of lands 232 
 
 lands acquired, disposition 236 
 
 Storage: 
 
 tools and machinery 131 
 
 Streams : 
 
 entry upon lands to keep within channel 171 
 
 See Bridges. 
 
 Street railroads: 
 
 state and county highways, consent of commission required for con- 
 struction 231 
 
 See Railroads. 
 
 Surfacing earth roads: 
 
 when and how to surface 24 
 
 drainage and grading and crown 124 
 
 surfacing material 125 
 
 Superintendent of Public Works: 
 
 may lease right of passage over state lands to ferries 271 
 
331 
 
 Superintendent and manager: page. 
 
 duties of 13] 
 
 Supervisor: 
 
 accounts, to be kept in method prescribed by commission 198 
 
 anticipation of tax, borrowing money 190 
 
 bridges? over boundaries, proceeding to compel building or repairing. 265 
 
 compensation for services 198 
 
 highway moneys to be paid to 195 
 
 custodian of and accountable for 195 
 
 report as to 196 
 
 filed with town clerk 196 
 
 transmitted to commission 196 
 
 printed in proceedings of board of supervisors 196 
 
 published in newspaper 196 
 
 transmission of copy of proceedings to commission and comp- 
 troller 196 
 
 state aid, amount to be paid to 194 
 
 undertaking to be executed and filed with county treasurer 194 
 
 Supervisor: 
 
 custodian of moneys 137 
 
 disbursements 138 
 
 report 139 
 
 accounts 140 
 
 compensation 140 
 
 Supervisors, board of: 
 
 amount voted for highways and bridges, levy of 190 
 
 bonds for highway and bridge purposes 190 
 
 issue and sale . 191 
 
 levy of tax for payment 191 
 
 bridges, levy of taxes for county’s share 264 
 
 over town boundaries, levy of tax for 266 
 
 construction or improvement of highway at joint exnense of county 
 
 and town 288 
 
 contracts, award of 288 
 
 determination as to apportionment of cost 288 
 
 district or county superintendent to supervise 288 
 
 payment of cost 288 
 
 county highway, appropriation to pay share of county and towns. . . 226 
 
 approval of amended estimate 218 
 
 completion, protest against acceptance 223 
 
 connecting highways through villages, may construct 226 
 
 contracts for construction awarded to 221 
 
 designation of person to execute 221 
 
 final resolution for construction 217 
 
 final resolution to make available share of county and town. . . . 218 
 
 levy and collection of cost 229 
 
 payment of cost in first instance by state, resolution to request . . 226 
 
332 
 
 Supervisors, board of — continued: page. 
 
 preliminary resolution for construction 215 
 
 resolution modifying method of payment 227 
 
 town authorized to borrow money to pay cost 229 
 
 county superintendent, appointment 154 
 
 salary, a county charge 154 
 
 removal for cause 155 
 
 levy of highway taxes 186 
 
 maintenance, levy of town’s share 240 
 
 state or county highway, gravel, stone or other material, acquisition 
 
 of 232 
 
 right of way, acquisition of 232 
 
 proceedings to acquire 233 
 
 payment of award and cost 234 
 
 Survey: 
 
 order laying out highway to include 244 
 
 state and county highways, division engineer to make 216 
 
 Taking effect: 
 
 time of, of certain provisions 299 
 
 Tax: 
 
 unworked, return and levy of 182 
 
 on state lands 105 
 
 Teams and implements: 
 
 employment of by town superintendent 162 
 
 Telegraph poles: 
 
 in highways, assessment of cost of removal 169 
 
 removal procedure 166 
 
 Telephone poles: 
 
 in highways, assessment of cost of removal 169 
 
 removal procedure 166 
 
 Telford base: 
 
 state or county highway, provision for 216 
 
 Time of taking effect: 
 
 of certain provisions of law 299 
 
 Tires: 
 
 width to be prescribed by commission 164 
 
 Toll bridges: 
 
 unsafe, to be repaired 178 
 
 town superintendent may repair 178 
 
333 
 
 Toll roads : page. 
 
 acquisition by board of supervisors 294 
 
 Tools and implements: 
 
 inventory, town superintendent to make 165 
 
 supervisors’ report to contain 196 
 
 purchase by town superintendent 165 
 
 inventory 93 
 
 storage 93 
 
 See Machinery. 
 
 Town accounts: 
 
 uniform system 63 
 
 Town board: 
 
 agreement with town superintendent as to expenditures 195 
 
 anticipation of tax, consent to borrow 190 
 
 audit of expenditures for bridges and other purposes 196 
 
 bridges over boundaries, notice to build or repair 264 
 
 direction to town superintendent to rebuild or repair 265 
 
 proceedings in court to compel repair or construction 265 
 
 change of grade, agreement as to damages 172 
 
 construction of town highways by contract 164 
 
 county highway, authority to borrow money to pay share of town . . 229 
 
 contracts for construction awarded to 221 
 
 damages caused by defective highways and bridges, audit 179 
 
 payment, how made 180 
 
 estimate of expenditures, duties as to 187 
 
 extraordinary repairs, approval 187 
 
 statement of probable cost to be signed by 187 
 
 guide boards, consent for erection 176 
 
 pipes in town highway, commisison to lay 173 
 
 purchase of machinery, etc., approval 165 
 
 of gravel and stone, approval 166 
 
 removal of town superintendent, procedure 160 
 
 appointment to fill vacancy 160 
 
 county court may direct 161 
 
 shade trees, consent to allowance. 175 
 
 sidewalks, construction and maintenance, consent 175 
 
 town superintendent, appointment 159 
 
 compensation, may fix 160 
 
 accounts for, audit 160 
 
 deputy may be appointed 160 
 
 trees and sidewalks, consent 174 
 
 watering troughs, consent to construction and maintenance 175 
 
 wire fences, approval of contract for furnishing 170 
 
334 
 
 Town charges: page. 
 
 costs in proceedings to lay out, etc., highway 249 
 
 damages for change in grade of town highway 172 
 
 damages in proceedings to lay out, etc., highway . 250 
 
 expenses of town superintendent at meetings 163 
 
 sidewalks, construction and repair 175 
 
 Town clerk: 
 
 compensation for services 198, 
 
 list of town officers to be forwarded by 198 
 
 statement of probable cost of extraordinary repairs 187 
 
 transmission of estimate to commission 187 
 
 directions for guidance 142-144 
 
 member of town board 142 
 
 compensation 143 
 
 preparation of reports 144 
 
 statement of extraordinary repairs 144 
 
 Town highways: 
 
 additional expenditure for repair and improvement 198 
 
 change of grade, damages for 172 
 
 payment of damages 172 
 
 contracts for construction of 164 
 
 defined 146 
 
 plans and specifications, approval by district or county superin- 
 tendent 156 
 
 See Highways. 
 
 Town highways and bridges: 
 
 mileage and amount raised by tax 10 
 
 Town meetings: 
 
 additional tax for highway and bridges may be voted 187 
 
 submission of proposition 189 
 
 appointment of town superintendent, submission of proposition 160 
 
 borrowing money for highway and bridge purposes 190 
 
 submission of proposition 190 
 
 excess of limitation, submission of proposition 189 
 
 special, called for submission of proposition as to appointment of 
 
 town superintendent 159 
 
 town highways, proposition for additional expenditures for improve- 
 ment and maintenance 198 
 
 Town officers: 
 
 town clerk to forward list of, to commission 198 
 
 Town patrolman: 
 
 appointment, compensation and equipment 80 
 
 duties 81 
 
335 
 
 Town records: page. 
 
 filing 143 
 
 Towns: 
 
 county highways, share of cost 227 
 
 division of, into districts 162 
 
 Town superintendent of highways: 
 
 appointment, submission of proposition for 159 
 
 town board, when to appoint 160 
 
 election 159 
 
 abandoned highways, to record description 259 
 
 accounts, to be kept in method prescribed by commission 198 
 
 agreement with town board as to expenditures 195 
 
 approaches to private lands, when to construct 178 
 
 bridges over boundaries, construction or repair upon order of court. 266 
 
 report of proceedings in respect to building or repairing 266 
 
 brush, to cause to be removed 163 
 
 assessment of cost of removal 169 
 
 removal, in case of failure of owner or occupant 168 
 
 closing highway for repair or construction, duties 180 
 
 erection of temporary highway or bridge 180 
 
 compensation and expenses 160 
 
 when payable 160 
 
 contracts for construction of town highways 164 
 
 definition 146 
 
 deputy, appointment 160 
 
 compensation; audit of accounts 160 
 
 duties 162 
 
 division of town into districts by 162 
 
 employment of persons with teams and implements 162 
 
 entry upon lands for protection of highways 171 
 
 damages to owners of lands 171-172 
 
 erection of monuments at boundaries 164 
 
 estimate of expenditures for highways and bridges 185 
 
 extraordinary repairs, when to be made 187 
 
 gravel and stone, purchase of 166 
 
 guide-boards, erection of 176 
 
 refusal or neglect, liability 176 
 
 highway commissioners to perform duties 160 
 
 inspection of highways and bridges 156 
 
 to be constructed as state and county highways 163 
 
 laying out, altering or discontinuing highway survey 244 
 
 highways by dedication 244 
 
 proceedings in respect to 244-253 
 
 See Laying Out, Altering and Discontinuing Highways. 
 
 machinery, tools and implements, estimate for 185 
 
 housing and storage of 165 
 
 inventory of 165 
 
 recommendations as to purchase 165 
 
336 
 
 Town superintendent of highways — continued: page. 
 
 maintenance of state and county highways, compensation 241 
 
 state commission to fix 241 
 
 See Maintenance. 
 
 measurement of highways 177 
 
 meetings, attendance at 163 
 
 expenses, a town charge 163 
 
 negligence, liability of town 179 
 
 action for, by town 179 
 
 obstructions, duty to remove 166 
 
 assessment of cost of removal 169 
 
 penalties, to be collected by 164 
 
 neglect or refusal to prosecute, liability 177 
 
 pipes in highway, permission to lay • 173 
 
 powers and duties, generally 162-164 
 
 purchase of machinery, tools and implements. , 165 
 
 private road, application to lay out 253 
 
 proceedings (see Private Road) 253-256 
 
 compensation in proceedings to lay out 255 
 
 credit to person working 176 
 
 prisoners, application for services 177 
 
 record of highways 163 
 
 removal, procedure 160 
 
 appointment to fill vacancy 160 
 
 county court to consider appeal 161 
 
 supreme court may direct 161 
 
 repairs of highways and bridges 162 
 
 reports to district or county superintendent 163 
 
 salary and expenses, report of expenditures 196 
 
 shade trees, allowances for setting out (see Trees) 175 
 
 custody and control of 175 
 
 sidewalks, repair and construction (see Sidewalks) 175 
 
 sluices and culverts, repairs 162 
 
 snow causing obstructions, removal of (see Snow) 162 
 
 state and county highways, ditches, etc., to be kept clear 168 
 
 See County Highways ; State Highways. 
 
 state commission to aid and advise 150 
 
 stones to be removed from highways by 163 
 
 superintendence of highways and bridges 162-164 
 
 survey to cause to be made 163 
 
 term of office 159 
 
 commencement 159 
 
 when appointed by town board 160 
 
 toll bridges, unsafe, duties in regard to 178 
 
 trees and sidewalks, duties as to 174 
 
 vacancies, filled for unexpired term 160 
 
 weeds, to cause to be removed 163 
 
 assessment of cost of removal 169 
 
 removal, upon failure of owner or occupant 168 
 
 watering troughs, authority to construct and maintain 175 
 
 wire fences, contract for furnishing 170 
 
337 
 
 Town superintendent and deputy: page. 
 
 compensation 134 
 
 removal 112 
 
 Traction engines: 
 
 estimate of amount required for purchase 185 
 
 lease or hire by town superintendent 1G6 
 
 limitation of amount to be raised 188 
 
 purchase by town superintendent 1G5 
 
 rate of hire established 166 
 
 See Machinery. 
 
 Trade fixtures and erections: 
 
 proceedings to lay out highway through 248 
 
 Trees: 
 
 fallen, to be removed 293 
 
 falling, penalty for 293 
 
 fruit, injury to 292 
 
 obstructions, when are 166 
 
 planting, authorized by town superintendent 175 
 
 shade, allowances for setting out 175 
 
 expenditures of fund 175 
 
 injury to, penalty 292 
 
 custody and control of 175 
 
 to whom, belong 292 
 
 state or county highway, plans may provide for 216 
 
 Trolley poles: 
 
 in highways, removal 166 
 
 assessment of cost of removal 169 
 
 Turnpike and plank roads: 
 
 acquisition by board of supervisors 294 
 
 Vehicles: 
 
 abandoned in highway an obstruction 166 
 
 Villages: 
 
 connecting highways with county highways 226 
 
 county highway, preliminary resolution of board 215 
 
 differences as to improvement of highways extending beyond bounds. 251 
 
 disagreement between officers of, and town superintendent 250 
 
 proceedings for adjustment 250 
 
 exemption from highway tax 191 
 
 Under drainage: 
 
 necessity for, etc 18 
 
 22 
 
 See Drainage. 
 
338 
 
 Undertaking: page. 
 
 application to laying out, etc., to be accompanied by 245 
 
 state commissioners to execute 148 
 
 deputy commissioners to execute 148 
 
 secretary of state commission to execute 148 
 
 supervisor, before receiving moneys 195 
 
 to be filed with county treasurer 195 
 
 transmission to commission and approval 195 
 
 United States: 
 
 highways in lands acquired by, abandonment 260 
 
 Use of highways: 
 
 twenty years, constitutes a highway 253 
 
 town superintendent to record 261 
 
 regulations respecting 291 
 
 warning of approach of traction engines 291 
 
 Value of highway improvement: 4 
 
 permanency in office of town superintendent 5 
 
 importance of good roads 6 
 
 Villages: 
 
 separate road districts 191 
 
 state and county highways constructed through 225 
 
 greater width, plans and specifications may provide 225 
 
 payment of additional cost 225 
 
 protest against acceptance 225 
 
 maintenance 241 
 
 Vineyard: 
 
 proceedings to lay out highway through 248 
 
 Water pipes: 
 
 in highway, permission to lay 173 
 
 Watering troughs: 
 
 construction and maintenance 175 
 
 allowance for maintenance 175 
 
 location 129 
 
 Weeds: 
 
 noxious, town superintendent to remove 163 
 
 owner or occupant to remove 168 
 
 failure, removal by town superintendent 168 
 
 assessment of cost of removal 169 
 
 levy of cost of removal against 169 
 
339 
 
 Wide tires: page. 
 
 commission to prescribe width 154 
 
 desirability of their use 106 
 
 Widening roads: 
 
 worn away by streams, proceedings for 256 
 
 Width: 
 
 of highway laid out 248 
 
 state or county highway, increase over existing highway 216 
 
 Wire fences: 
 
 purchase and delivery of wire to owners 170 
 
 Yards and enclosures: 
 
 proceedings to lay out highway through 248 
 

 
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UNIVERSITY OF ILLINOIS-URBANA 
 
 12 112082273